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HomeMy WebLinkAbout11-15-1995 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. � AGENDA ITEM 7/4 MEETING DATE: November 15, 1995 CITY MGR., ORIGINATING DEPT. FINANCE SUBJECT: SELECTION OF REVENUE ENHANCEMENT CONSULTANT AND APPROVAL OF RELATED RESOLUTIONS Recommended Motion(s): Approve the selection of Municipal Resource Consultants (MRC) to provide sales tax audit and progressive revenue services, authorize the City Manager to execute the agreement, approve resolutions) designating MRC as the authorized City Representative for performing duties required to carry out the agreement and approve a resolution amending the Fiscal Year 1995/96 Budget. Report Summary: Background- As part of the City's overall effort to operate within a balanced budget, a great deal of emphasis has been placed on ensuring that all revenues, to which the City is entitled, are received and that future revenues are accurately forecasted. To that end, staff engaged in a process of identifying and reviewing proposals from consultants that provided comprehensive revenue enhancement services which promote increased revenues through specialized and complex audit procedures that detect and correct errors and advance the City's present capabilities in forecasting future revenues. Finally, staff desired a contingency fee arrangement that compensated the consultant only in the event that recoveries occurred. Accordingly, not a single penny is expended until the City receives offsetting revenues. After consultation with the League of California Cities, California Society of Municipal Finance Officers and other municipalities, two firms were identified as having the requisite experience, skills and abilities to assist the City in this area. Those firms were MRC and Hinderliter, de Lamas & Associates (HdL). A summary of revenue enhancement services was provided to the Finance Advisory Committee for review and discussion and they recommended engaging a consultant to provide said services. Discussion- Following the analysis and review of proposals provided by MRC and HdL, staff concluded both firms were well qualified to perform the requested work. However, there were subtle, but distinct, differences between the two firms. Those distinctions are in the following areas: services, use of subcontractors, firm resources and compensation. With respect to services, only MRC offers a complete review of local taxes and franchise fees (despite being listed in their proposal, HdL's references informed staff that their franchisee fee audit program is still under development). Only MRC uses all in -house staff and is not reliant on subcontractors to perform aspects of the engagement (the City should expect to expend fewer resources managing and monitoring the agreement with MRC). MRC is roughly three times the size of HdL, when measured by clients and employees. More importantly, MRC's computer resources are significantly more advanced than HdLs (an important consideration when results are dependent upon the ability to process and analyze large amounts of data). Finally, the compensation rates are very competitive between the firms over the life of the agreement. However, MRC's compensation sunsets after 12 quarters on several on -going revenue sources. Conversely, HdL's proposal did not include the sunset language. The schedule below highlights the anticipated annual recovery and related compensations costs between the two firms: MRC Potential annual recovery: HdL Property tax $ 3,000 $ 3,000 Sales tax 20,000 20,000 TOT 1,000 0 WT 15,000 15,000 DTT 1,000 1,000 Business license 5,000 5,000 Franchise fee 5,000 - - - - - -- 0 - - -- Subtotal 50,000 - - - 44,000 Compensation costs: Contingency based compensation 12,500 8,400 Reports 2,000 - - - - - -- 3,900 - - - - - -- Subtotal 14,500 12,130 Net return to City $35,500 $31,870 Based on staff's review of the proposals, the recovery analysis above and reference checks on consultants, it is recommended that Council select MRC to perform revenue enhancement services for the City. As part of Council's implementing action, Council should authorize the City Manager to execute the agreement, approve resolution(s) authorizing MRC to act as the City's representative for purposes of carrying out the duties required in the agreement and approve a resolution amending the Fiscal Year 1995/96 Budget for the additional anticipated revenues and related compensation costs. The agreement with MRC has been reviewed by the City Attorney and his approval as to form has been included with MRC's proposal /agreement. Copies of HdL's proposal is available for review in the Finance Director's office. A Budget Resolution Supporting Worksheet and Resolutions Approved Schedule have also been prepared for your consideration. Fiscal Impacts: Overall revenues increase by $25,000.00, overall expenditures increase by $7,250.00 and the net impact to the General Fund balance as a result of these amendments is a $17,750.00 improvement. All amounts represent one half of the anticipated annual total due to the start date of the engagement. Follow Up Actions: Execute agreement with MRC. Consequences of Not Acting on the Recommended Motions: The City would not retain the services of a consultant and revenue enhancement services which promote increased revenues through specialized audit procedures would not be provided on a contingency fee basis. Furthermore, the City's present capabilities in forecasting future revenues would not be advanced. Attachments 1. City Attorney's Approval as to Form of Proposal /Agreement 2. Proposal /Agreement with Resolution Designating MRC City Representative 3. Resolution Amending 1995/96 Budget 4. Budget Resolution Supporting Worksheet 5. Resolutions Approved Schedule c: \execsumm\exsmll07.95 MEYERS, NAVE, RIBACK, SILVER & WILSON MICHAEL R. NAVE A PROFESSIONAL LAW CORPORATION STEVEN R. MEYERS ELIZABETH H. SILVER MICHAEL S. RIBACK GATEWAY PLAZA KENNETH A. WILSON 777 DAVIS STREET, SUITE 300 CLIFFORD F. CAMPBELL MICHAEL F. RODRIQUEZ SAN LEANDRO, CALIFORNIA 94577 KATHLEEN FAUBION, AICP TELEPHONE: (510) 351 -4300 WENDY A. ROBERTS DAVID W. SKINNER FACSIMILE: (510) 351 -4481 STEVEN T.MATTAS RICK W. JARVIS LARISSA M.SETO OF COUNSEL ANDREA J.SALTZMAN MEMORANDUM SANTA ROSA OFFICE 555 FIFTH STREET, SUITE 230 SANTA ROSA, CA 95401 TELEPHONE: (707) 545 -8009 FACSIMILE: (707) 545 -6617 TO: Thomas Fil DATE: October 5, 1995 Finance Director FROM: Michael S. Riback, City Attorney RE: Agreement with MRC to Perform Revenue Enhancement Services I have reviewed the proposal /agreement prepared by MRC to provide a sales tax audit and progressive revenues to the City. The agreement meets all of the City's requirements regarding insurance, indemnification, standard of performance, liability, and independent contractor. The proposal itself is clear and concise (unusual for consultant proposals) and the responsibilities and obligations set forth in the proposal are expressed with enough specificity to be legally enforceable. Accordingly, the agreement and proposal are approved as to form. Michael S. Riback City Attorney .. MSR:dsp Attachment J: \WPD \MNRSW\273 \MEMO \OCT95 \MRCAPP.W61 2 PROPOSAL/AGREEMENT TO PROVIDE SALES TAX AUDIT AND PROGRESSIVE REVENUE SERVICES TO CITY OF SARATOGA �,0URCF� R °N MUNICIPAL RESOURCE CONSULTANTS cmo C y A partnership of John T. Austin, Inc. & Allen W. Charkow, Inc. .6 Tustin Madera San Ramon Sacramento (714) 258 -3000 (209) 432 -6039 (510) 838 -1115 (916) 971 -4732 September 21, 1995 Mr. Thomas Fil Finance Director City of Saratoga 13777 Fruitvale Saratoga, CA 95070 Re: Sales Tax Audit Services and Progressive Revenue Services 32107 W. Lindero Canyon Road Suite 233 Westlake Village, CA 91361 (818) 991 -5220 Fax: (818) 991 -5365 Dear Thomas: In response to your recent request, MRC proposes to provide the City of Saratoga Progressive Revenue Services consisting of a Revenue Enhancement Audit Program. For your review and approval, we are enclosing the following: ❑ Executive Summary ❑ Consultant Service Agreement ❑ Proposal/ Agreement covering MRC's Progressive Revenue Services ❑ Brochure describing MRC's Progressive Revenue Services & Leveraged Efficiencies ❑ Sample Sales Tax Analysis Reporting Service (STARS) Bound Report If you have any questions, need additional information, or would like to discuss how the services could be further tailored to the City's needs, please call me at (800) 800- 8181 ext. 3013. Sincerely, i i i / , / i e�s R.*Gl e d h i I I JRG /km Enclosures EXECUTIVE SUMMARY - Municipal Resource Consultants (MRC) proposes to provide revenue audit and information services to the City of Saratoga (City). MRCS services are provided on an entirely self - funded basis without creating an expenditure impact on the City's budget FIRM QUALIFICATIONS (Exhibit A) MRC specializes in providing ongoing revenue audit, information and related consulting services to more than 150 California cities, including 10 of the 11 largest municipalities in the state. MRC is the only firm in America providing revenue audit and information services that encompass every municipal tax source. MRC pioneered the concept of revenue enhancement auditing for California municipalities when the firm began providing sales tax services in 1978. Since then, MRC has established a track record of consistently impressive results by producing more than $250 million of new revenue for our client cities. MRC's staff of 70 consultants serves California cities from six in -state locations. PROGRESSIVE REVENUE SERVICES Revenue Enhancement Audit Program (REAP), Exhibit B - Assist the City in realizing all of the revenue to which it is entitled, but may not be receiving, from the following tax sources - sales & use tax, business license tax, documentary transfer tax, franchise fees, property tax, transient occupancy tax and utility users tax - as described in Exhibit "B." MRC's REAP results in the detection, documentation and correction of errors -and omissions causing deficiencies and thereby produces new revenue that would not otherwise have been realized by the City. MRC shall commence the REAP service, unless otherwise instructed, within 10 working days following receipt of the Agreement approved by the City. MRC shall provide progress reports to the City on a quarterly basis. Sales Tax Analysis and Reporting Service (STARS), Exhibit C - MRC shall update the STARS database quarterly. MRC's STARS Query System enables authorized City staff to monitor and analyze the contribution of sales tax revenue from each business in the City on an individual, grouped or sorted - order basis by business name, business type, permit number, size ranking, street address, development, shopping center or other user - defined geographic areas. The STARS reports reflect MRC's monitoring and analysis of the City's sales tax revenue and generators, to identify revenue performance, trends, gains, declines, projections, issues and opportunities. LEVERAGED EFFICIENCIES MRC has developed a unique package of revenue audit and information services that progressively build on each other to capitalize on the common tasks accomplished, data developed and results produced. MRC calls this "leveraged efficiencies." MRC's Progressive Revenue Services capitalize on these leveraged efficiencies to maximize client revenues, cost savings and return on investment MRC is thus able to provide the City with a comprehensive package of extremely valuable, unique services that are entirely self- funding. SELF - FUNDING COMPENSATION MRCs compensation for the revenue audit service is entirely predicated and dependent upon the results produced for the City. For providing the revenue information services (STARS), MRC charges flat amounts (indicated below) payable only after the City has received the service and sufficient funds to cover the charge from the new revenue produced by MRCS services. Revenue Enhancement Audit Program (REAP) - shall be provided on a self- funded basis, whereby MRCs compensation is entirely dependent on the results produced for the City. MRCs compensation is 25% of the deficiency recoveries from eligible prior periods. When MRCs service results in the detection and correction of errors /omissions that the City and MRC mutually agree will produce ongoing (rather than one -time) benefits to the City, MRCS compensation is 25% of the new revenue realized by the City during the first six quarters following correction for sales /use tax and twelve quarters for the other revenue sources. Sales Tax Analysis and Reporting Service (STARS) - shall be provided for the initial and quarterly updated STARS Query System and bound reports for $500 per quarter. SELF-FUNDING EXAMPLE The following illustrates a hypothetical self- funding example using new revenue generated by MRCS audit services and state reimbursement to pay for the information services during the first full year this Agreement is in effect New revenue to City from MRCS audit services Less MRC compensation at 25% Less: STARS Quarterly fee Q $500 $50,000 <12,500> <$2,000> $37,50 Net new revenue to City after MRC compensation $35,500 TABLE OF CONTENTS CONSULTANT SERVICES AGREEMENT EXHIBIT A QUALIFICATIONS & STAFFING EXHIBIT B REVENUE ENHANCEMENT AUDIT PROGRAM EXHIBIT C SALES TAX ANALYSIS & REPORTING SERVICE Attachment C -1- Confidentiality Resolution EXHIBIT D GENERAL PROVISIONS APPENDIX I BIOGRAPHICAL PROFILES APPENDIX II REPRESENTATIVE CLIENT LIST I CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at Saratoga, California, as of 1995, by and between the City of Saratoga, a municipal corporation (hereafter referred to as "City") and Municipal Resource Consultants (hereafter referred to as "Consultant' or "MRC "), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibits "B ", "C ", and "D ", (the "Exhibits ".) Consultant shall provide said services at the time, place, and in the manner specified in the Exhibits. Consultant shall not be compensated for services outside the scope of the Exhibits. 2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in the Exhibits. The payments specified in the Exhibits shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement, unless the City approves additional compensation for additional service. Consultant shall submit all billings for services rendered pursuant to this Agreement to City in the manner specified in the Exhibits. 3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement, with the exception of the computer equipment specified in the Exhibits. Consultant Service Agreement Page 2 4. Exhibits. All Exhibits referred to herein are attached hereto and are by this reference incorporated herein. EXECUTED as of the day and year first above stated. CITY OF SARATOGA By: Title: Date: MUNICIPAL RESOURCE CONSULTANTS PARTNEW JOj iN T ,AU5TjN, INC. By: John T. Austin Date: September 21, 1995 EXHIBIT A QUALIFICATIONS AND STAFFING 1. MRC QUALIFICATIONS Municipal Resource Consultants (MRC) specializes in providing innovative revenue enhancement services to over 150 California cities, including 10 of the 11 largest municipalities in the state. MRC is the only firm in America providing revenue audit and information services that encompass every municipal tax source, including business license tax, documentary transfer tax, property tax, sales /use tax, transient occupancy tax, utility users tax, and franchise fees. MRC pioneered the concept of revenue enhancement consulting for municipalities when we began providing sales tax services to California cities in 1978. Since then, MRC has established a track record of consistently impressive results by producing more than $250 million of new revenue for our clients. On behalf of our client cities, MRC's findings and recommendations have been validated and accepted by third party intermediaries (including the State Board of Equalization, county assessors, and major utility companies) throughout California, in addition to thousands of corporate tax departments throughout the United States. MRC's revenue enhancement services are complemented by business license information systems, geobased management information programs, and consulting in areas such as revenue forecasting, economic development and redevelopment, fiscal and economic impact assessments, tax modeling, stakeholder consensus building, and strategic planning. MRC has a staff of 70 consultants serving California cities _from six instate locations. MRC's quarterly- updated database contains geobased revenue information on more than 70 percent of the businesses located in California cities. 2. PROJECT MANAGEMENT STAFF To provide the proposed services, MRC shall employ a project team approach. The project management team biographical profiles are included under Appendix I. 1 EXHIBIT B REVENUE ENHANCEMENT AUDIT PROGRAM (REAP) Municipal Resource Consultants (MRC) proposes to provide to the City of Saratoga (City) a Revenue Enhancement Audit Program (REAP) to assist the City in realizing all of the revenue to which it is entitled from business license tax, documentary transfer tax, franchise fees, property tax (including RDA tax increment), sales & use tax, transient occupancy tax and utility users tax. The purpose, scope, procedures, timing, reports and compensation are set forth as follows: 1. BACKGROUND Many California cities are not realizing all of the revenue to which they are entitled from existing tax sources due to administrative errors and omissions by businesses and third -party intermediaries (such as the state, counties, and utility companies) responsible for collecting the revenue and remitting it to the cities. Administrative errors and omissions are inevitable given the non - standard, complex nature of state and local taxes with regard to applicability, rates, exceptions, exemptions, quirks and inconsistencies. Rapidly changing technology, deregulation, human fallibility, fragmented responsibilities and employee turnover further compound the problem. Because there are time limitations on a government agency's ability to recover revenue to which it has been deprived, it behooves the City to have revenue enhancement audits conducted as thoroughly and rapidly as possible. 2. PURPOSE & SCOPE The purpose of MRC's revenue enhancement audits is to assist the City in recovering all of the revenue to which it is entitled from the following sources: ❑ Business License Tax ❑ Documentary Transfer Tax ❑ Franchise Fees ❑ Property Tax ❑ Sales & Use Tax ❑ Transient Occupancy Tax ❑ Utility Users Tax MRC's Revenue Enhancement Audit Program results in the detection, documentation and correction of errors and omissions causing deficiencies and thereby produces new revenue that would not otherwise have been realized by the City. 2 3. PROCEDURES In general, MRC shall: ❑ Meet with City's designated staff to review service objectives, scope, workplan schedule, public relations and logistical matters; MRC will also establish an appropriate liaison with the City's coordinator and logical checkpoints for reviewing progress / ❑ Review applicable provisions of the City's municipal code and ordinances adopted by the City ❑ Represent the City for purposes of examining records pertaining to the revenue sources listed above (see Section 2) to identify and confirm any errors/ omissions that are resulting in deficient payment to the City '❑ For each error /omission identified and confirmed, submit substantiating documentation to designated staff in order to facilitate recovery of revenue due from prior periods ❑ Meet with designated City official(s) as necessary to review our findings and recommendations ❑ Provide additional assistance as necessary to support the City in recovering and preventing tax deficiencies Specifically, for sales /use tax audits (SUTA), MRC shall: ❑ Procure sales /use tax permit records from the State Board of Equalization (SBE) ❑ Establish master file from tape data provided in previous task ❑ Clean -up, standardize and computerize. data from City's sales tax distribution reports provided by SBE for eight (8). previous quarters, the current quarter and for each future quarter as the service is provided ❑ Perform an initial physical canvassing of every business with taxable sales within the City's boundaries within 90 days of the contract authorization date 3 i t - ❑ Develop a target list of potential point-of-sale/use taxpayer reporting errors based on a physical canvassing and evaluation of sales /use tax generating businesses located in the City. These businesses are to be analyzed based on proprietary guidelines established by MRC, formulated through expert knowledge of corporate mergers and acquisitions, sales tax versus use tax, business marketing organization and methods, commercial/ industrial sales /use tax reporting practices, and other conditions contributing to reporting errors ❑ Contact personnel in sales, operations and /or tax accounting at each target business to determine whether a point -of -sale /use reporting error exists Note: this is accomplished with the highest regard to discretion and professional conduct, as evidenced by the fact that MRC's allocation audits have involved more than 800,000 direct contacts with taxpayer businesses without a single complaint from a taxpayer, client or the State Board of Equalization. Our allocation audits are predicated on a non- controversial, constructive, public relations approach which emphasizes the importance of each business to the City and the mutual benefits of correcting reporting errors ❑ Provide to the City and State Board of Equalization, reports addressing each taxpayer reporting error individually, including the business name, address, telephone number, California sales tax permit number, individuals contacted, date(s) of contact, nature of business, reason(s) for error, recommended corrective procedure and, if available, estimated sales /use tax revenue which should be forthcoming to the City ❑ Respond to negative findings by SBE with timely reconfirmation documentation in order to preserve the City's original dates of knowledge ❑ Receive and process sales /use tax quarterly distribution reports provided to City by SBE ❑ Monitor and analyze the quarterly distribution reports with audit focus on the following: o Those accounts with previously detected reporting errors to ensure that the corrections are made for current quarters plus retroactive adjustments for eligible amounts improperly distributed in prior quarters 4 o Those accounts representing 90% of the City's total sales /use tax revenue to identify and investigate significant aberrations (e.g., negative fund transfers, declines, deficiency assessments, etc.) o Those accounts having a use tax designation to ascertain why the tax is being classified as use tax rather than sales tax o Those accounts that are properly reporting but have potential to generate even more revenue to the City by modifying their operation o Those accounts receiving deficiency assessments to ensure that the City receives its local allocation ❑ Review the City's purchases to identify opportunities for the City to recover the local allocation on transactions subject to use tax; MRC will also prepare the necessary documentation to facilitate recovery, including advisory assistance in preparing and filing the returns ❑ For each misallocated account detected, MRC will coordinate with the business and SBE to make the necessary corrections plus retroactive adjustments for eligible amounts of sales /use tax improperly distributed in prior quarters. The sales /use tax audit schedule follows. 5 Sales Tax Audit & Information Schedule & Progress Chart (Preliminary) Month Month Month Month Month Month Month Month Month Month Month Month Month DESCRIPTION t 2 3 4 5 6 7 8 9 10 11 12 13 Contract Authorization X Mobilization /Orientation X Procure Permit Listing & Quarterly Distribution Reports XX Clean-up, Standardize & Computerize Permit Listing & QDR Data XXXXX XX Deliver & Review with City STARS Reports & Inquiry System X Physically Canvas and Evaluate Businesses in City XXXXX XXXX Develop Target List of Potential Misallocations X XXXXX Review MRC Field Protocol with City X X Contact Each Business on Target List XXXXX XXXXX Prepare, Deliver & Review Initial Audit Reports X Coordinate w/Taxpayers & SBE to Correct Misallocated Accounts Receive, Process, Monitor & Analyze Quarterly Distribution Reports =__ ___ ___ _ __ ___ ___ ___ Ongoing Detection & Correction of Misallocated Accounts Deliver Ongoing Audit & Information Service Reports Prep are & Submit Quarterly Audit Progress Reports ___ LH X Full Time Effort = Part Time Effort As Required Specifically, for business license tax audits, MRC shall: ❑ Review the City's business tax code and applicable ordinance adopted by the City ❑ Based on an inventory and evaluation of all businesses with operations in the City, develop an automated target list of businesses that appear not to comply with the City's code/ ordinance ❑ Through physical canvassing and telephone/ personal contact, determine whether each target business is or is not in compliance with the City's code/ ordinances Note: This is accomplished with the highest regard for discretion and professional conduct, as evidenced by the fact that MRC's revenue enhancement audits for California cities have involved more than 800,000 direct contacts with taxpayer businesses without a single complaint. Our revenue enhancement audits are predicated on a constructive public relations approach which emphasizes the importance of each business to the City and the mutual benefits of correcting errors. Specifically, for property tax audits and documentary transfer tax, MRC shall: ❑ Establish a comprehensive inventory of every parcel located within the City and each project within the Redevelopment Agency project areas, including the database elements needed to facilitate a comparison analysis with County secured and unsecured taxable values and the California State Board of Equalization taxable assessed values ❑ Review County assessment practices, systems and procedures for determining property tax value, calculating and allocating property tax revenue to the City under AB 8 and Community Redevelopment Law Section 33670 ❑ Procure from the County a detailed listing indicating for the period 1990 to present the documentary transfer tax distribution payments to the City including for each property transferred, identification (street address and APN), description, transfer date and actual or allocated transaction value ❑ Research private and public record sources (beyond the County) to compile data on City properties involved in change -of- ownership transactions since 1990, including real estate sales /purchases and business mergers and acquisitions 7 Specifically, for franchise fees and utility users tax audits, MRC shall: ❑ Review City's franchise agreements with utility and cable television companies to determine the basis for calculating payments ❑ Review City's franchise fee /utility users tax payment receipt records ❑ Inventory and analyze utility service providers /users subject to the City's code /ordinances ❑ Examine the status of exempted users to verify proper compliance with the ordinance ❑ Validate on a test basis that the rate calculation components have been accurately computed ❑ Review the City's payments for utility/ telecommunications services to determine whether the City is being billed under the most cost - effective tariff application available to meet the City's needs ❑ Prepare, maintain and provide MRC's proprietary address -range databases and /or MRC's ZIP Cop service to cellular service providers to enable them to implement utility users tax billing ❑ Monitor and review the cellular service providers' consumer service packages and verify that the City's cellular UUT is correctly and completely applied to the taxable. aspects of each package ❑ Receive proper authorization from City to examine and receive utility and customer records (hard copy and data format) necessary to assure utility users tax compliance, and to execute necessary nondisclosure agreements, - as approved by City. ❑ Obtain prior approval and direction from designated staff to prepare and forward to the appropriate parties written request for corrective action and revenue recovery consistent with UUT ordinance ❑ Throughout the above process, be available to meet with City to review findings and recommendations, and receive directions regarding City's implementation of UUT ordinance and auditing of tax collectors and taxpayers. Specifically, for transient occupancy tax (TOT) audits, MRC ❑ Review the guest registration process and associated documentation for revenue tracking, tax collection and exempt - status qualification ❑ Verify accuracy of filed TOT returns with daily and monthly activity summaries; review a random sample of the daily and monthly summaries to determine if the daily summaries reconcile to the monthly summaries El Review bank statements to verify that deposits reconcile I with the reported revenue on the TOT returns ❑ Review exempted revenue for proper qualifying documentation; review a random sample of exempted guest revenue and trace registration and /or other source documents to verify compliance with the City ordinance 13 Where possible, compare the state and federal tax filings with the TOT returns ❑ Schedule and conduct audit finding review meetings with each property operator to explain the findings and allow the operator full opportunity to provide additional documentation that might mitigate the audit findings ❑ Prepare and document any changes to the audit findings and their effects on the final billing of any potential remaining tax, interest or penalty amounts due the City City staff responsibilities: ❑ Adopt a resolution that authorizes the appropriate City officials to execute subpoenas for the release of utility customer records, and which authorizes appropriate City personnel to execute necessary nondisclosure agreements approved by City l ❑ Provide a letter of authorization to MRC for the purpose of identifying MRC as an authorized agent of the City to perform tility users tax compliance audits; to receive and examine appropriate utility and customer records (hard copy and date format) necessary to assure utility users tax compliance; and to execute necessary nondisclosure agreements approved by City 0 ❑ Upon request, provide MRC with appropriate "administrative" interpretations of UUT ordinance ❑ Provide timely direction to MRC regarding the preparation and forwarding of written requests for corrective action on errors and omissions substantiated by MRC ❑ Retain authority and responsibility to administer, interpret, and enforce UUT ordinance, recognizing that MRCS role is to provide City with technical assistance and support without assuming. or being delegated such authority or responsibility of City 4. TIMING & REPORTS MRC shall commence the revenue enhancement audits within 10 working days of authorization (unless instructed otherwise by the City) with the objective of delivering the initial audit reports within 90 to 120 working days. Thereafter, MRC shall provide the City with audit progress reports to include, but not be limited to, the following: ❑ Status of work in progress, including copies of reports provided to taxpayers/ intermediaries addressing each reporting error /omission individually, including where applicable the business name, address, telephone number, account identification number, individuals contacted, date(s) of contact, nature of business, reason(s) for error /omission and recommended corrective procedure ❑ Actual revenue produced for the City by MRCS service on a quarterly and cumulative basis ❑ Projected revenue forthcoming to the City as a result of MRCS audit service, specified according to source, timing and one -time versus ongoing ❑ Alphabetical listing of all errors/ omissions detected for the City by MRC including, for each, the account number, correction status, payment amount received by the City, period to which payment is related and payment type (e.g., reallocation, deficiency assessment, etc.) 10 5. COMPENSATION & EXPENSES To make MRCS service self - funding for the City, MRCs compensation for providing the Revenue Enhancement Audit Program (REAP) shall be entirely predicated and contingent upon the audits producing new revenue that would not otherwise have been realized by the City, further described as follows: 5.1 SALES/USE TAX MRCs compensation for conducting the sales /use tax enhancement audits is 25% of the new sales /use tax revenue realized by the City as a result of MRC detecting, documenting and correcting the related point-of- sale/use reporting error. Said 25% applies to each correction for fund transfers (i.e., retroactive adjustments from eligible prior periods) and the first six consecutive reporting quarters following completion of the audit by -MRC and confirmation of corrections by the State Board of Equalization. Sales /use tax audit invoices are submitted quarterly after the City has received the revenue from the correction and quarterly distribution report verifying it Each invoice is to include the business name, permit number, local allocation amount received by the City and amount due MRC. Invoices are due and payable upon receipt 5.2 OTHER REVENUE SOURCES MRC's compensation for conducting enhancement audits for revenue sources other than sales /use tax (e.g. business license tax, documentary transfer tax, franchise fees, property tax, transient occupancy tax and utility users tax, etc. shall be entirely predicated and contingent upon the results achieved. Under this arrangement, the City agrees to pay MRC an amount equal to 25% of the deficiency recoveries from eligible prior periods (plus associated charges for interest and penalties.) Said recoveries include amounts recovered, refunded, credited or any other consideration given to the City in lieu or as a result of the audit findings. When MRC's audits result in the detection and correction of errors/ omissions that the City and MRC mutually agree will produce ongoing (rather than one -time) benefits to the City, MRC's compensation shall be 25% of the incremental revenue realized by the City during the first twelve consecutive quarters following correction. 11 In this regard, the City agrees to: ❑ Invoice the responsible party for tax deficiencies (plus associated charges for interest and penalties) identified and confirmed by MRC within 30 days following receipt of MRCs report; and ❑ Notify MRC within 10 days following receipt by the City of payments (cash payments, installment payments, or other ' compensation directly benefiting the City) resulting from MRCs audit service. Upon being notified of receipt of payment(s), MRC will then invoice the City. Earned compensation is due and payable upon receipt of invoices. All expenses incurred by MRC in providing the revenue enhancement audit service and sales tax information service are absorbed by MRC. These expenses include items such as employee salaries and benefits, insurance, airfare, auto rentals, meals, lodging, keypunching, computer processing, clerical, communications (e.g., personal meetings, telephone, mail, etc.) photocopying, overhead, and miscellaneous out -of- pockets for consumable supplies and research materials such as maps, directories, etc. 6. BACKSTOP AUDIT PROGRAMS MRCs revenue enhancement and information services described in this and following exhibits are to be provided on a self - funding basis without creating an expenditure impact on the City's budget. This compensation plan allows the City to defer payment on the services described in the following exhibits (STARS and BLIS) until there is adequate revenue from state reimbursement and /or the new revenue generated by MRCs services. Accordingly, if the City has an additional ( "backstop') revenue enhancement audit program (staffed by internal or external personnel), it is understood and agreed that those personnel must detect and document in writing (on behalf of the City) to the taxpayer and /or responsible intermediary (e.g., state, utility company, etc.) each individual error /omission at least one full calendar quarter prior to MRC doing so. Otherwise, MRC shall be entitled to receive compensation for detecting and documenting any such error /omission which has resulted in deficient payment to the City. For this purpose, the City and MRC shall provide copies to each other of notices submitted to taxpayers and /or intermediaries (state agencies, county, utility service providers, etc.). 12 EXHIBIT C SALES TAX ANALYSIS & REPORTING SERVICE (STARS) MRC's Sales Tax Analysis and Reporting Service (STARS) consists of a Query System, bound STARS reports, and related consulting as follows: 1. STARS REPORTS Quarterly, MRC shall provide the City with an updated set of the bound STARS reports. The scope of MRCS STARS reports includes, but is not limited to, the following: ❑ Cleaning up, standardizing, and automating data from the City's sales /use tax distribution reports provided by SBE for eight (8) previous quarters, current quarter, and each future quarter of service. This is done to provide two benchmark years in the initial report to the City MRC clients use STARS reports to gain a better understanding of where their sales tax comes from, determine what trends, good or bad, are occurring to their sales tax base, and identify those businesses on which the jurisdiction is most dependent for its sales tax revenue ❑ Receiving and processing sales tax distribution reports quarterly ❑ Reorganizing and refining the computerized sales tax data for the City using MRC's STARS ❑ Analyzing the City's major sales tax producers All major sales tax producers and business categories are monitored and analyzed quarterly based on the following reports: o Management Summary, Sales Tax Digest, Charts - MRCs STARS reports include a confidential Management Summary, a non - confidential Sales Tax Digest, and five color charts that portray graphically the City's sales tax performance and composition. o Analysis Section - The Analysis Section of MRC's STARS reports compares the sales tax performance for the latest complete quarter /report benchmark year to previous quarters and years. This section, which is an exclusive MRC report, replaces cumbersome manual comparisons between quarters and years. 13 The Analysis Section includes the following: (1) historical performance of the top 100 accounts for up to 4 years, (2) a computerized analysis of the changes that occurred by economic category and by business sector with the specific businesses that made the major contribution to the change delineated, and (3) an analysis by magnitude of change indicating which key businesses grew or declined, measured in absolute dollars and percentages. Quarterly aberrations due to SBE audits, fund transfers, and other causes are also identified and analyzed for budget planning and revenue forecasting purposes. o Major (and Top 100) Sales Tax Producers - Sales tax performance of the top 100 sales tax accounts is shown in order of sales tax produced with the results for the most recent five quarters prominently displayed. The proportion of City sales tax produced is also shown by each account. o Sales Tax Accounts by Business Code - This report shows the various business codes assigned by the SBE and the accounts assigned those codes in order of sales tax produced. Five quarters of sales tax data are shown for each account. The City may select the cut -off level of this report (that is, all accounts or just accounts that produce over a certain amount per year). Misclassified sales tax accounts are corrected to make the report a true reflection of the sources of the City's sales tax income. o Sales Tax Trend Report - Data are summarized by economic category and by business sector making up each category. Sales tax trends are shown by quarter and by successive benchmark years. Percent of sales tax is also shown to indicate trends in sales tax composition as well as performance. Growth and decline comparisons are indicated by various categories for forecasting and analysis. o Sales Tax By Account /Sub -Number - The SBE does not provide the specific sales tax amounts generated by each individual location of a firm with multiple locations in the same City and County. Such a breakdown is needed if the City is to track sales tax by specific geo- areas, such as shopping centers, redevelopment areas, business districts, and industrial parks. STARS allocates sales tax by location and even customizes difficult allocations such as auto dealers with showrooms, leasing, used cars, and body repair shops. This report shows the amounts allocated to each individual location for a firm with multiple locations in the City and County. 14 o Geo- Coding - Tracks sales tax performance within designated areas of the City (for example, key shopping centers, redevelopment project areas, and downtown business districts) Charts and printed reports are included for each geo -area. o Cross Reference Reports - These reports allow the user to look up any account shown in the STARS reports by name, address or account number. o Special Business Tax Report - MRC's STARS reports include a report that is specifically designed to facilitate the City's business license tax administration by replacing the manual yellow registration control cards and /or the registration diskette(s). The cards come in no particular order and are cumbersome to use. The diskettes are hard to use due to non - standard address fields and business names and require staff time to produce the list of sales tax permit registration changes. MRC produces a printed report each month that lists all changes to the City's sales tax records by the type of change (that is, new firms, closed firms, new addresses, new owners, other). Under each type of change are the accounts in clean address order. By correcting, cleaning up, and standardizing addresses, business names and business classifications on all of the City's sales tax generators, MRC is able to provide the City's business license staff with another valuable audit tool. MRC will also provide the City with a copy of the cleaned up sales tax files on floppy disk or 9- track tape if the City wishes to add the data to its database. o Corollary Information Services - In addition to the STARS report, MRC provides as a part of the information service, a quarterly updated sales tax forecast for the current and subsequent fiscal year, regional per capita analysis reports, and the MRC Insights, which contains valuable economic analysis on a regional and countywide basis plus current issues of interest. 15 2. STARS QUERY SYSTEM MRC shall install and update quarterly, the City's sales tax registration and allocation data on IBM compatible PCs designated by the City. MRC shall also train authorized City staff in the use of the STARS Query System and furnish an easy -to -follow user manual (provided under separate cover). The STARS Query System enables City staff to analyze the contribution of sales tax revenue from each taxpayer in the City, on an individual, grouped, or sorted basis by business name, business type, permit number, size ranking, street address, development, shopping center, or other geographic area (also by social security number or federal employer identification number, if available). All sales tax data processed by MRC is located on the STARS Query System. MRC has made the Query System extremely user - friendly, even incorporating different types of name and address searches. For example, the address search only needs the street name and will fill in the direction and proper abbreviation for the street type. Also, in looking up a particular type of business segment, a listing of business codes is shown on a "pop up" menu to help the user identify which code to select. The Query System can be used to geo -code specific areas such as districts, shopping centers, and redevelopment areas. MRC's Query System will even generate the geo -coded addresses, thus eliminating the need to manually place a code by each firm in a geo -area. The Query System will also eliminate a geo - area in a global command rather than having to eliminate geo -coded accounts one -by -one when removing a geo -area. Because the STARS Query System contains confidential information, access is limited to authorized personnel by making the system password - protected. 16 3. COROLLARY CONSULTING In conjunction with the STARS Query System and STARS reports described above, MRC shall provide corollary consulting as follows: ❑ Prepare and analyze a list of the City's major sales tax generators to assist the City in developing a public relations program to prevent the loss of these important businesses ❑ Profile for Economic Development /Community Redevelopment personnel, the most economically desirable and undesirable types of developments or business uses and the reasons why ❑ Assist in defining specific geographic areas for which the City would have an interest in knowing the sales tax produced (for example, within Redevelopment Agency project areas) ❑ Serve as a resource to assist the City on an "as- needed" basis by providing legal and technical support on sales /use tax issues and questions regarding proposed legislation, estimated revenue on proposed projects, revenue - sharing negotiations, retail sales leakage, budget projections, and any other areas 4. DELIVERABLES TIMING MRC shall commence preparing the STARS Query System and STARS Digest within 10 working days following receipt of: ❑ Contract approval and resolution designating MRC as the authorized City Consultant to examine sales and use tax records (See Attachment C -1); and, ❑ State Board of Equalization quarterly distribution reports for most recent nine (9) consecutive quarters The initial STARS Query System shall be delivered and installed on IBM compatible PCs designated by the City, together with the STARS Digest, within 45 working days following receipt of the above. The quarterly updated Query System and STARS Digests will be delivered to the City within 30 working days following receipt of the Quarterly Distribution Reports. MRC will provide corollary consulting to the City in conjunction with delivery of the STARS Query System and STARS Digests following completion of the enhancement audits. 17 5. COMPENSATION MRC shall provide the Sales Tax Analysis and Reporting Service for $500 per quarter or $2,000 for the full year, including expenses, payable only after the City has received the STARS Query System and the STARS Digest(s) and sufficient revenue from MRCs revenue enhancement audits to cover the quarterly fee. 6. CERTIFICATION OF CONFIDENTIALITY Section 7056 of the State of California Revenue and Taxation Code specifically limits the disclosure of confidential taxpayer information contained in the records of the State Board of Equalization (SBE). Section 7056 specifies the conditions under which a City may authorize persons other than City officers and employees to examine State Sales and Use Tax records. By this agreement, MRC is: ❑ Authorized to examine sales and use tax records of the SBE provided to the City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law ❑ Required to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information ❑ Prohibited from performing consulting services for a retailer during the term of this agreement ❑ Prohibited from retaining the information contained in, or derived from, those sales and use tax records, after this agreement has expired Information obtained by examination of SBE records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056(b) of the Revenue and Taxation Code. MRC hereby certifies that any and all information used in the conduct of work performed is to be used only for those purposes authorized by the City and by the Bradley -Burns Uniform Local Sales and Use Tax Law. 18 EXHIBIT D GENERAL PROVISIONS 1. Independent Contractor. At all times during the term of this Contract, Municipal Resource Consultants (Consultant) shall be an Independent Contractor and shall not. be an employee of the City of Saratoga (City). City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement 2. Liabilily. City shall not be called upon to assume any liability for direct payment of any salaries, wages, or other compensation to any Consultant personnel or subcontractor performing services hereunder for City, or any liability other than provided for in this Agreement City shall not be liable for compensation or indemnity to any Consultant employee or subcontractor for injury or sickness arising out of his /her employment, or for any negligent actions of the Consultant or its employees. All persons employed in the performance of such services and functions shall be employees of Consultant, and as such shall not, for any purposes, be considered employees of City and therefore shall have no right to any City service, civil service, or other City status. 3. Subcontracts. Any subcontracts entered into by Consultant for services to be rendered towards the completion of Consultant's portion of this Agreement shall be for Consultant's benefit alone, and as such shall be its responsibility with no liability resting on the City. Consultant agrees to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portion of this Agreement to the City within ten (10) working days of execution of this Agreement 4. Licenses, Permits, Etc. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which 'are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. GENERAL PROVISIONS PAGE 2 5. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. 6. Insurance. a. Public Liability. During the term of this Agreement, Consultant shall maintain in full force and effect a policy of public liability insurance with minimum coverages as follows: $1,000,000 for injury to one person in any one occurrence; $1,000,000 aggregate; and, $50,000.00 for property damage. Consultant shall cause the City, its officials and employees to be named on all liability policies described above as insured as respects: (1) activities performed for the City by or on behalf of the named insured, (2) products and completed operations of the Named Insured, and (3) premises owned, leased or used by the Named Insured. b. Worker's Compensation. During the term of this Agreement, Consultant shall fully comply with the terms of the law of California concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Consultant may have for worker's compensation. 7. Consultant Not Agent Except as City may specify in writing, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 8. Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this agreement. Any attempt of purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. GENERAL PROVISIONS PAGE 9. Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons. 10. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his /her profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 11. Reports, Charts or Other Products. All reports, charts and other products resulting from the performance of this agreement are the property of the City. 12. City Representative. The City Administrator or his /her designee is the representative of the City and will administer this Agreement for the City. 13. Termination. This Agreement may terminate on ten (10) days written notice by either party, or within such time as both parties may find necessary to conclude the work currently under way and to summarize Consultant's findings for City. 14. Indemnity and Hold Harmless. Consultant shall assume the defense of, and indemnify and save harmless, the City, its officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the performance of the work, provided that such action, damage, claims, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of property, whether upon or off the work, including the loss of use thereof, and is caused in whole or in part by any negligent act or omission of the Consultant, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not it is caused in part by a party indemnified hereunder. GENERAL PROVISIONS PAGE 15. Waiver of Breach No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this Agreement by any partner shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. No delay or omission of any partner in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than as herein provided be construed as a waiver of or variation in any of the terms of this Agreement 16. Whole and Entire Agreement This instrument contains the whole and entire agreement of the parties hereto relating to their partnership and correctly sets forth the rights, duties and obligations of each to the others as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. 17. Equal Employment Opportunity: During the performance of this Agreement, Consultant, for itself, its assignees and successors in interest, agrees as follows: a. Compliance With Regulations: Consultant shall comply with the Executive Order 11246 entitled "Equal Employment Opportunity": as labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." b. Nondiscrimination: Consultant, with regard to the work performed by it after award and prior to completion of the work pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitation for Subcontractor, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurements of materials or equipment, such potential subcontractor or supplier shall be notified by Consultant of Consultant's obligation under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex or national origins. GENERAL PROVISIONS PAGE 5 d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the City and shall set forth what efforts it has made to obtain the information. e.- Sanctions for Noncompliance: In the event of noncompliance by Consultant with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of payments to Consultant under the contract until Consultant complies; (2) Cancellation, termination, or suspension of the Agreement, in whole or in part f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs "a" through "e' in every subcontract, including Regulations, order, or instructions issued pursuant thereto. Consultant shall take such action with respect to any Regulations, order or instructions issued pursuant thereto. Consultant shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Consultant may request City to enter such litigation to protect the interests of the City. GENERAL PROVISIONS PAGE 6 18. Notices. Any notice to be given from one party to the other pursuant to this Agreement shall be deposited with the United States Postal Service postage prepaid and addressed as follows: To City: City Administrator CITY OF SARATOGA 13777 Fruitvale Saratoga, CA 95070 To Consultant: John Austin MUNICIPAL RESOURCE CONSULTANTS 32107 W. Lindero Canyon Road Suite 233 Westlake Village, CA 91361 Nothing in this Paragraph shall be construed to prevent the giving of notice by personal service. APPENDIX I BIOGRAPHICAL PROFILES PROJECT MANAGEMENT STAFF To provide the proposed services, MRC shall employ a project team approach consisting of full time, permanent employees. The project management team consists of the following personnel: JOHN AUSTIN AND ALLEN CHARKOW (PROJECT CO- DIRECTORS) As founders of MRC and project co- directors, John and Allen are responsible for the overall quality control and timeliness of the project They are also responsible for making MRC's resources available to the project and assisting in the technical direction, management, and liaison activities. John is responsible for the overall design and provision of MRC's revenue enhancement services and client relations. In this capacity, he interfaces with third -party intermediaries (such as the state, counties, and public utility companies) and corporate taxpayers on behalf of client cities. John has been an economic development and tax consultant to California municipalities for more than 20 years, principally focused on. the enhancement of sales, use, and property tax revenue. He received a BS Degree in Business Economics and Marketing from the University of Southern California. Allen has overall responsibility for the design and provision of the firm's data processing and geobased information systems for auditing, monitoring, and analyzing revenue sources. Allen pioneered computerized information systems for revenue auditing and analysis on behalf of California cities. Allen was in municipal finance for more than 17 years, 15 of which were in .the capacity of Director and Assistant City Manager. He received a BA in Business Management from Fresno State and an MBA from the University of Santa Clara. JIM GLEDHILL - ADMINISTRATIVE LIAISON Jim is an Administrative Liaison for a number of selected California cities and counties. As Administrative Liaison, he has primary responsibility for managing MRCS relationship and contract with the City. His responsibilities include; interfacing between the City and MRC project team personnel, responding to city inquiries, monitoring the City's revenue and economic base, and keeping the City apprised of MRCs audit progress. Jim has been with MRC for five years. He earned his Bachelor Degree in Business Administration/ Finance from California State University, Long Beach. HUNTER AUSTIN - SALES/USE TAX Hunter has day -to -day responsibility for the technical direction and coordination of the sales /use tax auditing activities, including the methodology and procedures used in detecting, documenting, and correcting sales /use tax allocations. In this capacity, his duties encompass creation and implementation of the workplan, including scheduling, coordinating, and monitoring the activities of the other project members. GARY JONES - PROPERTY TAX Gary has overall responsibility for MRC's property tax consulting practice. Gary has been analyzing property tax assessments and tax allocations for public agencies throughout California for more than 20 years. Prior to his association with MRC, he was a Principal with the firm of Katz Hollis, in charge of fiscal and administrative management consulting services to redevelopment and other public agencies throughout California and other western states. Gary received his BA Degree from California State University Fresno and completed graduate courses at University of California Los Angeles. PARTHO MANDAL - PROPERTY TAX Partho is responsible for MRC's property tax enhancement audits. He has 15 years of varied experience in the field of Economics and Finance, of which 7 years were in municipal and redevelopment finance and property tax enhancement audits in California. Par tho was an Associate and Senior Analyst with the firm of Katz Hollis for four years. Prior to that he was an Associate with a regional financial advisor, where he provided advisory services to resolve financial requirements of redevelopment agencies. He earned an MA in Economics from the Delhi School of Economics, New Delhi, India (with honors) and an MBA in Finance from State University of New York, Albany. STEPHEN L. GIBSON - ADMINISTRATIVE LIAISON Steve has primary responsibility for interfacing between the city and the MRC project team personnel, public relations, logistical matters, coordinating and participating in meeting, and keeping the city appraised of MRC's progress through written and oral communications. Prior to joining MRC, Steve had 27 years experience in the telecommunications industry, including 10 years as the technical expert witness for GTE in providing direction on legislation before the California State Public Utility Commission and California Legislature. Steve has been a guest speaker at many Property Management seminars concerning Public Utility Commission policies and their impact. He is a graduate of the University of Redlands. Along with his administrative responsibilities, Steve will also serve as Technical Liaison lending technical expertise to contract administration. JIM THOMPSON - FRANCHISE FEES, UUT, and TOT Jim is responsible for MRC's franchise fees /utility users tax and transient occupancy tax compliance practices. Since joining MRC, Jim has personally overseen and participated in compliance audits of over 300 businesses for utility users tax and over 200 hotels for transient occupancy tax. Prior to joining MRC, Jim had 30 years of experience in the telecommunications industry, including 10 years as a primary expert witness for GTE in providing testimony before the California Public Utilities Commission and the California Legislature that led to his being a guest speaker at many seminars including the League of California Cities annual meetings. He is a graduate of California State University Northridge. FRANCESCO MANCIA - BLIS SERVICE Fran is Product Client Liaison for MRC's Business License Information Service. Fran comes from a sales, marketing, and financial investment background. Before joining MRC he served as District Sales Manager for a leading provider of business to business information which was the largest and most accurate database of over ten million businesses in the United States. Fran also served as divisional VP for one of the ten largest United States cable television companies, where he was responsible for the raising of capital for expansion. Fran is a graduate of the University of California, Santa Barbara and received his MBA from the University of San Francisco. LOUIS SALAS - DATA PROCESSING Louis is responsible for the ongoing development, maintenance, and enhancement of MRC's computer software systems for multi- revenue audits and management information systems. Prior to his association with MRC, Louis had 5 years of experience as a programmer and systems analyst. Louis received an Associate of Science Degree in Math /Science from Porterville College, Associate of Computer Science Certificate from Westland College, and a BS Degree in Computer Science from California State University Fresno. JIM TILKES - DATA PROCESSING Jim is responsible for the design and development of computer software systems for MRC's multi- revenue audits and geobased information systems. Before joining MRC, Jinn was with the City of Fresno for more than 20 years serving in the capacities of Data Base Administrator, Program Development Supervisor, Systems Analyst, and Programmer. He is a co- developer of QDAMS - Quickdraw Automated Mapping System. He received an AA degree in Data Processing from Fresno Community College and a BS degree in Quantitative Analysis from California State University, Fresno. DON MAYNOR AND JOE VINATIERI - LEGAL ANALYSIS Don Maynor provides his specialized legal expertise to assist MRC in evaluating franchise fee agreements and utility users tax ordinances and gaining access to necessary information (which the utility companies resist providing) as well as the discovery and recovery of payment deficiencies. Don is a recognized authority in the franchise fee and utility users tax field, representing cities in numerous legal areas. He is frequently called upon to testify as an expert witness before the California Public Utility Commission regarding utility issues and other related matters. He received a BA from the University of Arizona and a law degree from Case Western Reserve University School of Law. Don is a member of the California Bar Association. Joe Vinatieri is a partner in the Whittier law firm of Bewley, Lassleben & Miller where he specializes in matters of California state and local taxation. Joe provides legal counsel to MRC and MRC's clients when questions or issues arise related to sales /use and property tax law. He is former deputy to the Honorable Ernest J. Dronenburg, Jr., Board Member of the California State Board of Equalization. Joe was responsible for preparation of franchise/ income tax, property tax, and sales and use tax cases to be heard by Judge - Dronenburg. He was also responsible for legislative, administrative, and political liaisons. Joe received his BA degree, cum laude, from Westminster College and his JD degree from the University of San Diego. He is Chairman of the State and Local Subcommittee of the Tax Section of the Los Angeles County Bar Association and a member of the Tax Section of the California State Bar. He is also a member of the Institute of Property Tax for which he has spoken nationally. APPENDIX II Municipal Resource Consultants Representative Client List Clients with population over 250,000 Anaheim Long Beach Oakland Sacramento County San Jose Fresno Los Angeles Sacramento San Diego Santa Ana Clients with population between 100,000 & 250,000 Berkeley Hayward Chula Vista Irvine Concord Modesto El Monte Oceanside Escondido Orange Fullerton Oxnard Pomona Simi Valley Riverside Stockton San Bernardino Thousand Oaks Santa Clarita Torrance Santa Rosa Vallejo Clients with population between 50,000 & 100,000 Antioch La Habra Redding Santa Monica Camarillo La Mesa Redwood City South Gate Carlsbad Merced Rialto South San Francisco Compton Milpitas Richmond Tustin Corona Monterey San Leandro Union City El Cajon Napa San Mateo Vacaville Fairfield Newport Beach San Rafael Ventura Gardena Palmdale Santa Barbara Visalia Hawthorne Palo Alto Santa Clara Walnut Creek Alameda Albany Belmont Beverly Hills Brea Campbell Ceres Clovis Coachella Cotati Culver City Cupertino Cypress Danville Del Mar Dinuba E1 Cerrito El Segundo Emeryville Escalon Fairfax Clients with population under 50,000 Fort Bragg Foster City Gilroy Grover Beach Half Moon Bay Hanford Healdsburg Hercules Hermosa Beach Indian Wells Kingsburg Lafayette Laguna Beach Lake Elsinore Lakeport La Palma Larkspur Los Banos Los Gatos Manhattan Beach Manteca Martinez Menlo Park Morgan Hill Novato Oakdale Orinda Oroville Pacific Grove Palm Desert Palm Springs Petaluma Pittsburg Placentia Pleasant Hill Porterville Rancho Mirage Rancho Palos Verdes Rohnert Park Rolling Hills Estates San Anselmo San Bruno San Clemente San Jacinto San Ramon Sand City Santa Fe Springs Santa Paula Seaside Selma Shafter Solvang Tracy Truckee Tulare Turlock Ukiah Watsonville Westlake Village West Sacramento Willits Woodland Woodside C: \BGTRES95 \RESRCP4.WK1 "1 City of Saratoga 11/08/95 Resolutions Approved Fiscal YE 6/30/96 Appropriat. Operating General Intragovermmntl Total Capital for Gen. Fund Grand EXPENDITURES: Programs Government Services Operations Projects- Contingency Total Budget $7,679;903.00 $987,509.00 $697,171.00 $9,364,583.00 $1,067,530.00 $200,000.00 $10,632,113.00 Res# 95— _30.03 44,858.00 (5,200.00) 52,066.00 91,724.00 (92,135.00) (411.00) Res# 95- 30.04 34,562.00 34,562.00 1,295.00 35,857.00 Res# 95 -30.05 0.00 205,192.00 205,192.00 Pending Resolution 7,250.00 7,250.00 0.00 7,250.00 Total $7,724,761.00 $989,559.00 $783,799.00 $9,498,119.00 $1,181,882.00 $200,000.00 $10,880,001.00 IMPACT TO REVENUES: General Other Total FUND BALANCES: General Other Total Budget $7,267,757.00 $3,269,981.00 $10,537,738.00 Audited - 6/30/95 $2,585,000.00 $1,948,000.00 $4,533,000.00 Res# 95 -30.03 800.00 $800.00- Res# 95 -30.03 (98,256:00) 99,467.00 1,211.00 Res# 95 -30.04 $0:00 Res# 95 -30.04 (35,857.00) (35,857.00) Res# 95 -30.05 40,000.00 106,000.00 $146,000.00 Res# 95 -30.05 (59,192.00) (59,192.00) Pending Resolution 25,000.00 $25,000.00 Pending Resolution 17,750.00 17,750.00 Total $7,333,557.00 $3,375,981.00 $10,709,538.00 Total ($116,363:001_ $40,275.00 ($76,088.00) C: \BGTRES95 \RESRCP4.WK1 "1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �� �� AGENDA ITEM MEETING DATE: NOVEMBER 15, 1995 CITY MGR.:1 ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: '5- . 8('6 SUBJECT: Resolution memorializing status of PG &E Compressed Natural Gas fueling station equipment and tube trailer lease payments for purposes of the Political Reform Act and FPPC regulations Recommended Motion(s): Move to adopt the Resolution and authorize the City Manager to execute the related Letter Agreement on behalf of the City. Report Summary: Attached is a Resolution prepared by the City Attorney and a Letter Agreement prepared by PG &E which, together if approved, would memorialize the status of the Compressed Natural Gas fueling station equipment and tube trailer lease payments for purposes of the Political Reform Act and Fair Political Practices Commission regulations. Essentially, these documents state that the loaning by PG &E of the fueling station ground equipment to the City for up to 18 months, and the rebate to the City by PG &E of three months worth of lease payments for the CNG tube trailer ($4,500), are not gifts to any individual City official but rather, gifts to the City. Additionally, the documents state the general terms under which the fueling equipment and lease payments will be used to further clarify that neither is in conflict with either PRA or FPPC rules or regulations. PG &E is requesting adoption of the Resolution and approval of the Letter Agreement as a condition of loaning the ground equipment and making the lease payment rebate. The City Attorney has reviewed both documents and is satisfied with their contents. Fiscal Impacts: There are no fiscal impacts associated with adopting the Resolution or approving the Letter Agreement. t Advertising. Noticing and Public Contact: Nothing additional. PG &E will not loan the fueling station equipment nor make the lease payment rebate to the City. Follow Up Actions: The Letter Agreement will be executed by the City Manager and returned to PG &E along with a certified copy of the Resolution. Both documents will also be filed with the City Clerk per FPPC regulations. Attachments: 1. Resolution memorializing status of fueling station equipment and lease payment rebate. 2. Letter Agreement. RESOLUTION NO. RESOLUTION MEMORIALIZING STATUS OF PG&E COMPRESSED NATURAL GAS STATION FUELING EQUIPMENT AND TUBE TRAILER LEASE AND PAYMENT REBATE FOR PURPOSES OF THE POLITICAL REFORM ACT AND THE FAIR POLITICAL PRACTICES COMMISSION REGULATIONS WHEREAS, on September 14, 1995, the City and PG&E entered into an agreement whereby PG&E will loan to the City certain compressed natural -gas station fueling equipment for use by City in fueling natural -gas vehicles; WHEREAS, PG&E desires to assure that the loan of equipment and lease payment rebate is used by the City in a manner consistent with the Political Reform Act and the Fair Political Practices Commission regulations; NOW, Therefore, be it resolved by the City Council of the City of Saratoga, as follows: 1. That the use of the PG&E compressed natural -gas station fueling equipment and tube trailer lease payment rebates, if considered a gift under the Political Reform Act is not a gift to any official of the City of Saratoga but rather to the City of Saratoga, and the loan complies with the provisions of the FPPC Regulation 18944.2. 2. That the equipment and lease payment rebate are hereby accepted by the City of Saratoga pursuant to the following terms of said regulation: (1) The City will receive and control the equipment and any payment rebate. (2) The equipment and payment rebate will be used only for official. City business. (3) The City, in its sole discretion, will determine the specific official or officials who shall use the equipment and any payment rebate. 3. That PG&E is the donor of the equipment and lease payment rebate and that City employees who drive compressed natural -gas powered City vehicles for City business will be the persons using the fuel and equipment. 4. That this resolution be filed with the City Clerk within thirty (30) days of the receipt of the equipment by the City. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 1995, by the following vote: AYES: NOES: ABSENT: Mayor Attest: City Cleric I: \W PD \M NRS W\273\RES95\PGE.RES Pacific Gas and Electric Company September 21, 1995 Mr. Larry Perlin Public Works Department City of Saratoga 1377 Fruitvale Avenue Saratoga, CA 95070 119 Dear Mr. Perlin: Sin Jose Civision 111 Almaden Boulevard. Room 700 P.O. Box 15005 San Jose. CA 95115 -0005 4008/282 -7509 This letter agreement is in regard to the PG &E compressed natural gas station fueling equipment and tube trailer lease payment rebate which PG &E provided to you pursuant to the agreement between the City of Saratoga and PG &E, dated September 14, 1995. For purposes of the Political Reform Act ( "PRA ") and the Fair Political Practices Commission ( "FPPC ") regulations, PG &E wishes to document specifically that the provision of the use of the natural gas station fueling equipment to you to be used at your discretion, if considered a gift under the PRA, is a gift to the City of Saratoga, a public agency and not to any specific official. Therefore, the parties hereby agree that the use of the PG &E compressed natural gas station fueling equipment and tube trailer lease payment rebate if considered a gift under the PRA is not a gift to any official of the City of Saratoga but rather to the City of Saratoga, the public agency and the provision of the loan complies with the provisions of FPPC Regulation 18944.2 which, in pertinent part, states: (a) A payment, which is a gift as defined in Government Code Section 82028, shall be deemed • gift to a public agency, and not a gift to • public official, if all of the following requirements are met: (1) The agency receives and controls the payment. (2) The payment is used for official agency business. (3) The agency, in its sole discretion, determines the specific official or officials who shall use the payment. However, the donor may identify a specific purpose for the agency's use of the payment, so long as the donor does not designate the specific official or officials who may use the payment. (4) The agency memorializes the payment in a resolution accepting the equipment and lease payment rebate which embodies the requirements of subdivisions (a)(1) to Mr. Perlin September 21, 1995 Page 2 (a)(3) of this regulation set forth above and which: (A) Identifies the donor and the official, officials, or class of officials receiving or using the payment. (B) Describes the official agency use and the nature and amount of the payment; and (C) Is filed with the agency official who maintains the records of the agency's statements of economic interests where the agency has a specific office for the maintenance of such statements, or where no specific office exists for the maintenance of such statements, at a designated office of the agency, and the filing is done within 30 days of the receipt of the payment by the agency . . . . Please confirm by signing below that the City of Saratoga has or will promptly (within 10 days from execution of this letter agreement) memorialize the use of the natural gas fueling equipment and the tube trailer lease payment rebate as a gift to the public agency and it has or will file as a public record such memorialization as required by Section 18944.2(a) (4) with the appropriate official or entity. In addition, the parties agree that this letter agreement shall not otherwise affect the agreement between PG &E and the City of Saratoga, dated September 14, 1995, for the provision of the natural gas fueling equipment and the tube trailer lease payment rebate. Sincerely, William C. Dunckel Account Executive WCD:ss Accepted and Agreed To: By: For: Date: cc: Maureen McCarthy - PG &E SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.� U MEETING DATE: November 15, 1995 6A AGENDA ITEM 'ti_ CITY MGR. ORIGINATING DEPT. Community Development SUBJECT: Adoption of California Codes Recommended Motion(s): Introduce the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings Code, with amendments, by reference only and waive reading. Report Summary: The California code adoption process occurs triennially. The 1994 model codes were published in July 1995 and become effective in January 1996. Local jurisdictions may amend the state codes to accommodate local conditions based on climatic, geological and topographic conditions. The codes are technical in nature and are adopted by reference. However, local modifications to the model codes must be adopted by ordinance in order to validate local amendments. Additionally, the City must provide the State of California, Department of Housing and Community Development, with "Findings of Facts" justifying local modifications. The new edition of the Building and Fire codes have been completely reorganized. Therefore, the City Code amendments to both codes has been rewritten in their entirety. Many of the City's amendments have been codified in the new codes thereby eliminating many previously existing City Code amendments. Their are four new basic amendments proposed for the new building code; 1) Section 16- 15.110, amend Section 310.7 to reduce requirements and allow for single room occupancies. See page 6 & 7. 2) Section 16- 15.150, amend Section 1923.1 to establish minimum requirements for concrete slabs on grade. See page 9. 3) Section 16- 15.170, amend Section 2326.11.3, items 7, to delete the use of gypsum board as a method of bracing and restricts the use of Portland Cement Plaster as bracing.. See page 9 & 10. 4) Section 16- 15.180, amend Section 3403 by adding a new paragraph to require the upgrade of existing suspended ceiling during alteration and repair projects. See page 10. These amendments coincide with the recommendations for code amendments proposed by the Silicon Valley Uniform Code Adoption Committee. This committee, composed of local Building Officials, has worked for the last year with 26 Bay Area jurisdictions and the construction industry to develop a standard set of code amendments to reduce costs of construction in the Bay Area. Other recommended amendments in the plumbing, mechanical and electrical code are currently codified in the Saratoga City Code. "Finding of Facts" for all new amendments are located in the attached proposed code at the end of each new section under FINDINGS. "Finding of Facts" for existing amendments were previously approved and are not provided in this document. Staff recommends that the City Council introduce the proposed codes and instruct staff to prepare and ordinance for adoption at the December 6, 1995 regular City Council meeting. Fiscal Impacts: None Advertising, Noticing and Public Contact: Notice required for public hearing. Consequences of Not Acting on the Recommended Motions: Local amendments will be invalid. Follow Up Actions: Staff shall prepare an ordinance for the adoption of the model codes and local amendments to be presented at the December 6, 1995 regular City Council meeting. Attachments: Proposed model-codes and local amendments. o: \exec.sum (rev.1/11/94) 2 amendments proposed by the Silicon Valley Uniform Code Adoption Committee. This committee, composed of local Building Officials, has worked for the last year with 26 Bay Area jurisdictions and the construction industry to develop a standard set of code amendments to reduce costs of construction in the Bay Area. Other recommended amendments in the plumbing, mechanical and electrical code are currently codified in the Saratoga City Code. "Finding of Facts" for all new amendments are located in the attached proposed code at the end of each new section under FINDINGS. "Finding of Facts" for existing amendments were previously approved and are not provided in this document. Staff recommends that the City Council introduce the proposed codes and instruct staff to prepare and ordinance for adoption at the December 6, 1995 regular City Council meeting. cal Impacts: None Advertising, Noticing and Public Contact: Notice required for public hearing. Conseauences of Not Acting on the Recommended- Notions: Local amendments will be invalid. Follow Op Actions: Staff shall prepare an ordinance for the adoption of the model codes and local amendments to be presented at the December 6, 1995 regular City Council meeting. Attachments: Proposed model-codes and local amendments. o: \exec.sum (rev.1/11/94) 2 SECTION 1: Section 16- 10.010 in Article 16 -10 of the City Code is amended to read as follows: §16- 10.010 Adoption of the Uniform Administrative Code Section 16- 10.010 is hereby deleted. SECTION 2. Article 16 -15 of the City code is hereby amended in it's entirety to read as follows: "ARTICLE 16 -15" BUILDING CODE Sections: 1 16- 16.010 Adoption of the California Building Code 16- 15.020 Additions, deletions and amendments 16- 15.030 Section 104.2.1.1 added concerning Interpretation 16- 15.040 Section 104.3 added concerning Authority to Disconnect Utilities 16- 15.050 Section 105 amended concerning Board of Appeals 16- 15.060 Section 106.4.2 and 106.4.4 amended concerning plans and expiration. 16- 15.070 Section 107 amended concerning permit fees 16- 15.080 Section 107.3 amended concerning plan review fees. 16- 15.090 Section 107.5.2 amended concerning investigation fees 16- 15.100 Section 302.4 amended concerning occupancy inspection JNEW 16- 15.110 Section 310.7 amended concerning SRO 16- 15.120 Section 403.2.1.1 added concerning automatic sprinkler systems 16- 15.130 Section 1806 added concerning reinforcement 16- 15.140 Section 1503.1 added concerning roof covering /NEW 16- 15.150 Section 1923.1 amended concerning concrete slabs 16- 15.160 Section 2317.3 added concerning under floor. clearance JNEW 16- 15.170 Section 2326.11.3, item 7, amended concerning gypsum board /NEW 16- 15.180 Section 3403 add paragraph concerning suspended ceilings 16- 15.190 Table A -33 -A amended concerning grading plan check fees 16- 15.200 Table A -33 -B amended concerning grading permit fees 16- 15.210 Section 3310 of Appendix 33 is deleted 16- 15.220 Section 3311 of Appendix 33 amended concerning grading bonds 16- 15.230 Section 3316 of Appendix 33 amended concerning erosion control 16- 15.240 Section 3319 added to Appendix 33 concerning 1 general provisions 16- 15.250 Section 3309.1.1 added concerning general requirements §16- 15.010 Adoption of Uniform Building Code. The 1994 Edition of the California Building Code Vol I, Vol II and Vol III, including Appendix Chapters 3, 4 Div. I, 15, 31 Div. II, 31 Div III, and 33 only, as compiled and published by the International Conference of Building Officials and amended by the State of California, hereinafter referred to as the "Building Code," one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Code of the City. 516- 15.020 Additions, deletions and Amendments The additions, deletions and amendments set forth in this article are hereby made to the Building Code, as adopted by reference in section 16- 15.010. §16- 15.030 Section 104.2.1 is added concerning Interpretation. Section 104.2.1 is hereby added to the Building Code to read as follows: Sec. 104.2.1 Interpretation. The Building Official shall have the power to render interpretations of this code and the referenced technical codes, and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary to in order to clarify the application of the provisions of the code. Such interpretation, rules and regulations shall be in conformity with the intent and purpose of this code. §16- 15.040 Section 104.3 is added concerning Authority_to Disconnect Utilities. Section 104.3 is hereby added to the Building Code to read as follows: Sec. 104.3 Authority to disconnect Utilities. Sec. 104.3.1 Authority to Disconnect Utilities. The building official or the building officials authorized representative shall have the authority to disconnect the utility service or energy supply to the building, structure or building service equipment therein regulated by the code or the technical codes in case of emergency where necessary to eliminate an immediate hazard on the property. When ever possible, the building official shall notify the service utility, property owner and occupant of such action. As soon as possible, the building official shall notify same in writing of any disconnection. Sec. 104.3.2 Authority to Condemn Building Service Equipment. When the building official ascertains that, the building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become insanitary, the building official shall order in writing that such equipment be removed or restored to a safe and sanitary condition. The written notice itself shall fix a time for compliance with such order. Defective service equipment shall not be maintained after receiving such notice. The building official shall institute appropriate action to prevent, restrain, correct or abate any violation of this section. Sec. 104.3.3 Connection after order to Disconnect. Persons shall not make connection from any power supply nor connect any power equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be disconnected by the building official until the building official authorized the reconnection and use of such equipment. §16- 15.050 Section 105 amended concerning Board of Appeals. Section 105 of the Building Code is hereby amended to read as follows: Sec. 105 Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the technical codes, there shall be and is hereby created a Board of Appeals consisting of the City Engineer, the Chief Building Inspector and one other member to be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the City Manager. §16- 15.060 Section 106.4.2 is amended concerning Retention of Plans. Section 106.4.2 and 106.4.4 of the Building Code is hereby amended to read as follows: Sec. 106.4.2. Retention of Plans. One set of reviewed plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of reviewed plans, specifications and computations shall be retained by the building official as part of his permanent records. Sec. 106.4.4 Expiration. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days, or if the permittee fails or refuses to request an inspection pursuant to this Code-within any period of one hundred eighty consecutive days after the work authorized by the permit is commenced. Before such work can be recommenced, a new permit shall be first obtained to do so, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. The fee for issuance of such new permit shall be one -half of the full permit fee if the new permit is issued within one hundred eighty days after expiration of the prior permit, or the full permit fee if the new permit is issued more than one hundred eighty days after such expiration, based upon the fee schedule adopted by the City Council as of the time the new permit is issued; provided, however, upon written request by the applicant showing, to the satisfaction of the building official, that the prior permit expired as a result of exceptional circumstances beyond the reasonable control of the applicant, the building official may waive the payment of a fee for issuance of the new permit. Where a permit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within thirty days thereafter, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfare, and subject to all of the provisions of Section 203 of Chapter 2 of this Code. §16- 15.070 Section 107 amended concerning Permit Fees. Section 107 of the Building Code is hereby amended to read as follows: Sec. 107 Permit Fees. The amount of the fees to be paid for each permit shall be established by resolution of the City Council. §16- 15.080 Section 107.3 is amended concerning Plan Review Fees. Section 107.3 of the Building Code is hereby amended to read as follows: Sec. 107.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 106.3.2, a plan review fee shall be paid at the time of submitting plans and 4 specifications for review. Said plan review fee shall be established by resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as established by resolution of the City Council. §16.15.090 Section 107.5.2 is amended concerning Investigation Fees. Section 107.5.2 of-the Building Code is hereby amended to read as follows: Sec. 107.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the permit fee schedule established by resolution of the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or the technical codes nor from any penalty prescribed by law. §16- 15.100 Section 302.4 is amended concerning occupancy separations. Section 302.4 exception 3 of the Building Code is amended to read as follows: Exception 3. In the one -hour occupancy separation between a Group R, Division 3 and U Occupancy, the separation may be limited to the installation of materials approved for one -hour fire - resistive construction and a self - closing, tight- fitting solid wood door 1 -3/8 inches in thickness will be permitted in lieu of a one -hour fire assembly. Fire dampers need not be installed in air ducts passing through the wall, floor or ceiling separating a Group R, Division 3 Occupancy from a Group M Occupancy, provided such ducts within the Group M Occupancy are constructed of steel having a thickness not less than 0.019 inch (No. 26 galvanized steel gauge) and have no openings into the Group M Occupancy. In remodel work, the one hour separation shall be limited to the attic separation areas only and the installation of a tight- fitting solid wood door 1 -3/8 inches in thickness with a self- closing device. This amendment to the Uniform Building Code, 1988 Edition, is required because of the risk of fire created by'the climatic and geologic conditions in the City. 5 J NEW AMENDMENT §16- 15.110 Section 310.7 is amended concerning SRO. Section 310.7 of the building Code is hereby amended to read as follows: See. 310.7 Efficiency Dwelling Unit. 1. The single room occupancy (SRO) shall have a living room of not less than 150,square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such SRO unit in excess of two. 2. The SRO unit shall be provided with a separate closet. 3. The SRO unit may be provided with a kitchen sink, cooking appliance and refrigerator facilities, each having a clear working space of not less than 30 inches in front. Light, ventilation and emergency egress conforming to this code shall be provided. 4. Every building shall be provided with one water closet. Every hotel or subdivision thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for male and female use, each of which contains at'least one water closet. EXCEPTION: Hotel guest rooms may have one identifies toilet facility. Additional toilet facilities shall be provided on each floor for each sex at a rate of one for every additional ten guest, or fraction thereof, in excess of ten. Every SRO shall be provided with a kitchen equipped with a kitchen sink; however, that single room occupancy living unit facilities and single room occupancy residential hotels may contain partial kitchen facilities so long as a sink is provided and laundry facilities and kitchen facilities are provided on each floor accessible from a public hallway. Every SRO and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatories and either a bathtub or shower; however, that single room occupancy residential hotels may contain partial bathroom facilities. If individual bath facilities are not provided, common bath facilities must be provided as follows: There shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a pubis hallway. Additional equivalent facilities shall be provided on each floor for each sex at a rate of 2 one for every additional ten guest or fraction thereof in excess of ten. As an alternative, adequate unisex facilities may be provided. Each sink, lavatory and bath or shower shall be provided with hot and cold running water. FINDINGS: The cost of housing in the Bay Area is one of the highest in the nation. To increase housing in the low end of the market, single room occupancy (SRO) can be a viable alternative. Most cities have realized that SRO's, when appropriately located in commercial or high density residential zones, can be an important factor in attracting commercial service businesses which is necessary for a balance population. A growing number of cities have already taken a strong position on promoting SRO's as well as preserving what is already being used as SRO. Following this trend in Silicon Valley, which is heavily populated, will give the region an economic and social advantage as well as providing further opportunities for low the income segment of the population. §16- 15.120 Section 403.2.1.1 is added concerning Automatic Sprinklers. Section 403.2.1.1 is hereby added to the Building Code, to read as follows: Sec. 403.2.1.1 Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached or detached garage. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equalling or exceeding the above fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. 3. Any existing garage which is altered, added to, or expanded so as to increase the size of such garage by either 7 200 or more square feet or thirty -three or more percent of the original size, whichever is less. The area of a garage shall include all contiguous areas within the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether or not such contiguous areas are designed or utilized for the storage of motor vehicles. Any automatic sprinkler system installed pursuant to this Section shall comply with the standards set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected to audible warning devices of sufficient number and adequately located within the dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16 -60 of the Saratoga City Code, the water flow switches referred to herein shall also be connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16- 60.020 of said Code. However, if the dwelling serviced by the garage is not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached and detached garages. §16- 15.130 Section 1806 is added concerning Reinforcement. Section 1806, first paragraph, is hereby added to the Building Code, to read as follows: Sec. 1806 Reinforcement. A minimum of two one -half inch bars of metal reinforcement placed continuous in foundations shall be required for Group R and M occupancies without engineering design. 516- 15.140 Section 1503.1 added concerning Roof Covering. Section 1503.1 of the Building Code is hereby amended to read as follows: Sec. 1503.1 Roof Covering. Roofs shall be as specified in this code and as otherwise required by this chapter. N The foregoing provisions notwithstanding, roof coverings on all buildings and structures hereafter erected or constructed in a designated hazardous fire area in the City, shall be fire - retardant, or shall comply with the standards established for Class A or B prepared or built -up roofing. All replacement roofs for existing buildings and structures in a hazardous fire area shall comply with this requirement, except that a replacement of less than 10 percent of the total roof area shall be exempt. V NEW AMENDMENT §16- 15.150 Section 1923.1 is amended concerning Concrete Slabs. Section 1923.1 of the Building code is hereby amended to read ad follows: Sec. 1923.1 General. The minimum thickness of concrete floor slabs supported directly on the ground shall be not less than 3 -1/211. The slab shall be reinforced with not less than six inches ten -gage wire mesh or an approved alternate installed at mid height of the slab. FINDING: Due to expansive soil conditions, the above are typical minimum requirements by soils engineers in the Silicon Valley in order to avoid damage due to soil expansion and shrinkage. §16- 15.160 Section 2516(n) is added concerning under floor clearance. Section 2317.3 is hereby added to the Building Code, to read as follows: Sec. 2317.3 Under floor clearance. Unless otherwise approved by the building official, the minimum under floor clearances between the bottom of the floor joists, and /or girders, shall not be less than 18 inches to exposed ground in crawl spaces or excavated or unexcavated areas located within the periphery of the building foundation. V NEW AMENDMENT §16- 15.170 Section 2326.11.3, Item 7, is amended concerning Gypsum Board. Section 2326.11.3, Item 7, of the Building Code is hereby amended to read as follows: Sec. 2326.11.3, Item 7. Portland cement plaster on studs spaced 16 inches on center installed in accordance with Table No. 47 -I. Limited to single story R -3 and U -1 occupancies. FINDING: The entire Silicon Valley is located in seismic zone 4. Seismic zone 4 is most susceptible to damage from earthquakes. Gypsum wall board and portland cement plaster have preformed poorly during recent California seismic events. The shear values of gypsum wall board and portland cement stucco contained in the code are based on mono - directional testing. It is appropriate to limit the use of these products until cyclic load testing are preformed and evaluated. J NEW AMENDMENT 516- 15.180 Section 3403 amended concerning Suspended Ceilings. Section 3403 of the Building Code is hereby amended to read as follows: Sec. 3403 Suspended Ceilings. When a permit is issue for alteration or repairs, the existing suspended ceiling system within the area of alteration or repair shall comply with the lateral design requirements.of UBC Standard 25 -2 Part III. FINDINGS: This amendment is necessary to mitigate a know seismic hazard in existing buildings due to Silicon Valley's proximity to local active seismic faults. 516- 15.190 Table A -33 -A of Appendix Chapter 33 is amended concerning Plan Check Fees. Table A -33 -A of Appendix Chapter 33 of the Building Code is amended to read as follows: Table A -33 -A Plan checking fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the building official shall collect a plan checking fee in an amount as established from time to time by resolution of the City Council. Separate permits and fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facilities. The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. §16- 25.200 Table A -33 -B is amended concerning Grading permit Fees. Table A -33 -B of the Building Code is hereby amended to read as follows: 1. Grading permit fees. A fee for each grading permit shall be paid to the building official, in such amount as 10 established from time to time by resolution of the City Council. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2. Special fees. The building official may engage the services of geologists, engineering geologists, soils engineers, foresters, and landscape architects as he determines to be necessary-to review grading plans and activities. The cost of such services shall be charged to and paid by the applicant. §16.15.210 Section 3310 of Appendix 33 is deleted. §16- 15.220 Section 3311 of Appendix Chapter 33 amended concerning Grading-Bonds. Section 3311 of Appendix Chapter 33 of the Building Code is amended to read as follows: Sec. 3311 Grading Bonds. Every permittee shall be required to post a cash or surety bond with the City in an amount sufficient to cover the cost of the grading project, including corrective work necessary to eliminate any hazardous conditions, to insure that the work will be completed strictly in accord with the approved plans and specifications. Each bond shall insure that the permittee shall comply with all the provisions of this Code and all other applicable laws and ordinances, that he will comply with all the terms and conditions of the permit to the satisfaction of the building official and that he will complete the work within the time limits as specified in the permit. In the event of any failure to complete the work or failure to comply with all the conditions and terms of the permit, the building official may order the work required by the permit to be completed to his satisfaction, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing all such work to be done, including engineering fees and attorney's fees. §16- 15.230 Section 3316 of Appendix Chapter 33 amended concerning Erosion Control. Section 3316 of Appendix Chapter 33 of the Building Code is amended to read as follows: Sec. 3316 Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. All cut and fill surfaces subject to erosion shall be planted with ground cover which is compatible with the natural ground covers in the City and which will thrive 11 with little maintenance. Earth slopes shall be contour graded to encourage landscaping. Cut and fill along public roads may be required to be landscaped to blend into the natural surroundings. Plants used shall be at heights which will not obstruct vehicular sight distances on City streets, as determined by the building official. All plant materials shall be satisfactory to the building official. The protection of the slopes shall be installed as soon as practicable and prior to calling for final grading approval. When cut slopes are determined by the building official not to be subject to erosion due to the erosion resistant character of the materials, planting precautions may be omitted. Other devices. Where necessary, check dams, cribbing, riprap or other methods shall be employed to control erosion and provide safety.° §16- 15.240 Section 3319 is added to Appendix Chapter 33 concerning General Provisions. Section 3319 is added to Appendix Chapter 33 of the Building Code, to read as follows: Sec. 3319 Restricted hours. Unless specifically exempted, grading will be restricted to the hours between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils the public safety. The building official may grant an exemption upon his determination of an emergency. §16- 15.250 Section 3309.1.1 is added concerning General Requirement. Section 3309.1.1 is hereby added to the Building Code to read as follows: Sec. 3309.1.1 General Requirements. Notwithstanding any provision of the Building Code to the contrary, a grading permit shall be required for any cut or fill exceeding a quantity of ten cubic yards, or any increase or decrease in the elevation of any portion of a lot by more than one foot, except for changes in elevation for the construction or installation of any building foundation, basement, pool or other structure for which a building permit has been issued by the City and the excavated material is removed from the site. (Ord. 71.99 § 30, 1991) Section 3: Article 16 -20 of the city code is amended in it's entirety to read as follows: "ARTICLE 16 -20" FIRE CODE 12 16- 20.010 Adoption of the California Fire Code. 16- 20.020 Additions, deletions and amendments. 16- 20.030 Section 103.3.2.3 is added concerning Final Inspection. 16- 20.040 Section 103.3.2.4 is added concerning Training. 16- 20.050 Section 103.4.7 is added concerning Abatement of Hazard. 16- 20.060 Section 105.2.1.1 added concerning Permit Fees. 16- 20.070 Section 105.8.f.6 is added concerning Fire Protection Systems. 16- 20.080 Section 105.8 i.1 is added concerning Institutional. 16- 20.090 Table 105 -A is amended concerning Amounts of Compressed Gases. 16- 20.100 Section 209 -H is added concerning Hazardous Materials Business Plan. 16- 20.110 Section 214 -M is added concerning Moderately Toxic Gas. 16- 20.120 Section 220 -S is added concerning Storage Facility. 16- 20.130 Section 903.3 is amended concerning Water Supplies and Fire Hydrants. 16- 20.140 Section 1001.11 is added concerning Fire - Protection Systems and Equipment. 16- 20.150 Section 1003.1.4 is added concerning Fire Extinguishing Systems. 16- 20.160 Section 1004.6 is added concerning Standpipes. 16- 20.170 Table 1004 -A is amended concerning Standpipe Required Systems. 16- 20.180 Section 1007.3.3.3.5 is added concerning Fire Alarm Systems. 16- 20.190 Section 2501.18.2 is amended concerning Requirement for Use of Candles and other open -Flame Devices. 16- 20.200 Section 5202.4.3.2, first and second paragraphs, are amended concerning Motor Vehicle Fuel- Dispensing Stations. 16- 20.210 Section 5204.5.2.1 is added concerning Storage Limits. 16- 20.220 Section 6301 is amended concerning Refrigeration. 16- 20.230 Section 7401.6.4 is amended concerning Compressed Gases. 16- 20.240 Section 7701.7.2 is amended concerning Explosive Materials. 16- 20.250 Section 7901.1.1.1 is added concerning Flammable and Combustible Liquids. 16- 20.2.60 Section 7901.8.1 is amended concerning General Requirements. 16- 20.270 Section 7901.11.1.1 is amended concerning Piping, Valves, Fittings and Related Equipment. 16- 20.280 Section 7901.3.2 is deleted concerning Plans. 16- 20.290 Section 7902.2.2.1 is amended concerning Location of Tanks. 16- 20.300 Section 8001.1.1 first paragraph, is amended concerning Hazardous Materials. 16- 20.310 Section 8001.1.1.1 is added concerning General Safety. 16- 20.320 Section 8001.2.2 is amended concerning Definitions. 16- 20.330 Section 8001.3.2, first paragraph, is amended concerning Hazardous Materials Management Plan. 16- 20.340 Section 8001.4.2.1 is added concerning Orifices. 16- 20.350 Section 8001.4.3.2 is amended concerning Design and Construction. 16- 20.360 Section 8001.4.3.3 is amended concerning Supply Piping. 13 16- 20.370 Section 8001.5.2.2 is amended concerning Notification. 16- 20.380 Section 8001.7 is .amended concerning Identification Signs. 16- 20.390 Section 8001.4.7.4 is added concerning Annual Maintenance. 16- 20.400 Section 8001.9.8 is amended concerning Separation of Hazardous Materials. 16- 20.410 Section 8001.10.1.1 is added concerning Facility Transport. 16- 20.420 Section 8001.10.1.2 is added concerning Transport Safety. 16- 20.430 Section 8001.12.3.3 is amended concerning Height. 16- 20.440 Section 8001.14.5 is added concerning Containment. 16- 20.450 Section 8001.14.6 is added concerning Highly Toxic and Toxic Gases. 16- 20.460 Section 8001.15 is added concerning Moderately Toxic Gases. 16- 20.470 Section 8001.16 is added concerning Maximum Threshold Quantity. 16- 20.480 Section 8003.1 is amended concerning General Requirements. 16- 20.490 Section 8003.1.7.4 is amended concerning Secondary Containment. 16- 20.500 Section 8003.1.14.1 is amended concerning general Requirements. 16- 20.510 Section 8003.3.1.3.1 is amended concerning Ventilated Areas. 16- 20.520 Section 8003.3.1.4 is amended concerning Emergency Power. 16- 20.530 Section 8003.3.2.1 is amended concerning General Requirements. 16- 20.540 Section 8003.3.2.2.2 is amended concerning Distance Limitations. 16- 20.550 Section 8003.3.3.3.1 is added concerning Cylinder Leak Tests. 16- 20.560 Section 8003.3.3.4.1 is added concerning Excess Flow Control. 16- 20.570 Section 8004.1.1 is amended concerning Applicability. 16- 20.580 Section 8004.1.19 is added concerning Emergency Plan. 16- 20.590 Section 8202.1, third paragraph, is amended concerning Permits and Plans. 16- 20.600 Section 8204.2.1 is added concerning Established Limits. 16- 20.610 Section 16.3 is added to Appendix II -A concerning Firebreak Vegetation. 16- 20.620 Section 25 is added to Appendix II -A concerning Roof Coverings. 16- 20.630 Section 26 is added to Appendix II -A concerning Hazardous Fire Area Designations. 16- 20.640 Section 5 is added to Appendix II -B concerning Distribution of Fire Hydrants. §16- 20.010 Adoption of Uniform Fire Code. The 1994 Edition of the Uniform Fire Code, including 14 Appendices I -C, II -A, II- B, II -C, II -D, II -F, II -I, III -A, III -B, III -D, IV -A, IV -B, V -A, VI -A, VI -B, and the 1994 Edition of the Uniform Fire Code Standards, as published by the International Conference of Building Officials and the International Fire Code Institute, hereinafter referred to as the Fire Code, one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Fire Code of the City. §16- 20.020 Additions, deletions and amendments. (a) The additions, deletions and amendments set forth in this Article are hereby made to the Fire Code as adopted by reference in Section 16- 20.010. (b) To the extent that any provisions of this Article, or the Fire Code adopted herein by reference, constitute a modification or change in the regulations otherwise contained in any uniform code, as adopted by the City in this Chapter, it is hereby found and determined that such modifications and changes are reasonably necessary by reason of local conditions in the City, including the existence of hazardous fire areas, larger home and garage sizes, restricted traffic circulation and access to certain portions of the City and areas having steep topography and heavy combustible vegetation. §16- 20.030 Section 103.3.2.3 is added concerning Final Inspection Section .103.3.2.3 is hereby added to the Fire Code to read as follows: Sec. 103.3.2.3 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required facilities and access ways have been completed and approved. No final certificate of occupancy may be granted until the Fire District issues notice of final clearance to the Building Department. 516- 20.040 Section 103.3.2.4 is added concerning Training. Section 103.3.2.4 is hereby added to the Fire Code to read as follows: Sec. 103.3.2.4 Training. When required by the Chief, newly constructed buildings shall be made available to the Fire. District for familiarization training operations prior to occupancy. Additionally, instruction /operations manuals and orientation presentations shall be provided by the building owner when required by the Chief. This training shall not delay occupancy of the building. §16- 20.050 Section 103.4.7 is added concerning Abatement of 15 Hazard. Section 103.4.7 is hereby added to the Fire Code to read as follows: Sec. 103.4.7 Abatement of Hazards. (a) The maintenance of real property in violation of this code, or any order of the fire district pursuant. hereto, is declared to be a public nuisance and is subject to abatement in accordance with Article 3 -15 of the Saratoga City Code. b) Notwithstanding paragraph (a) of this Section, if real property is maintained in violation of this code or any order of the fire district pursuant hereto and such violation constitutes, in the opinion of the Fire Chief, a fire hazard of such nature that immediate action is required to protect the public health, safety and welfare, the fire district may apply the emergency nuisance abatement procedure set forth in Article 3 -20 of the Saratoga City Code and take all necessary and immediate steps to abate the hazard without prior notice to the occupant of the property. In such event, the Fire Chief shall perform the duties of the City Manager as described in said Article 3 -20. (c) The cost of any abatement may be collected through the levy of a special assessment in accordance with the applicable provisions of Article 3 -15 or Article 3 -20 of the Saratoga City Code. Such procedure is not intended to be exclusive and the City or the fire district may, simultaneously or successively, exercise any other rights and remedies provided by law. §16- 20.060 Section 105.2.1.1 added concerning Permit Fees. Section 4.109 is hereby added to the Fire Code, to read as follows: Sec. 4.109. Permit fees. The City Council may, by resolution, establish a schedule of fees to be charged and collected by the City for the issuance of any such permits required under the provisions of this code and for the checking and inspecting services relative to these provisions. A copy of such fee schedule shall be maintained in the office of the City Clerk and such other locations as may be deemed necessary for public inspection. §16- 20.070 Section 105.8 f.6 is added concerning Fire Protection Systems. Section 105.8 f.6 of the Fire Code is hereby added to read as follows: Sec. 105.8 f.6 Fire Protection Systems. Unless otherwise herein noted, a permit shall be required to install, 16 alter or change any fire hydrant system, fire extinguishing system or fire alarm system which was previously required by permit. 516- 20.080 Section 105.8 i.1 is added concerning Institutional. Section 105.8 i.1 is hereby added to the Fire Code to read as follows: Sec. 105.8 i.1 Institutional. It shall be unlawful to operate, maintain or use any institutional facility until all state and local laws and regulations governing safety from fire and panic have been satisfactorily complied with and a permit for such occupancy has been issued by the Fire Chief. As used herein, the term institutional facility includes, but is not limited to, hospital children's home, home or institution for persons with physical or mental disabilities or illness, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, and day care nurseries, residential care hoes for the elderly, nursing or convalescent homes, and halfway houses. §16- 20.090 Table 105 -A is amended concerning Amounts of Compressed Gases. TABLE 105 -A of the Fire Code is hereby amended to read as follows: UFC TABLE 105 - A Permit Amounts For Compressed Gases' Type of Gas Amount (cubic Feet) x 0.0283 for M3 Corrosive 200 Flammable (except cryogenic and liquefied petroleum gases) 200 Highly Toxic Any Amount Inert and simple asphyxiant 6,000 Irritant 200 Moderately Toxic 20 Other Health Hazards 650 Oxidizing (including oxygen) 504 17 Pyrophoric Any Amount Radioactive Any Amount Sensitizer 200 Toxic Any Amount Unstable (reactive) Any Amount 1 See Articles 74, 80 and 82 for additional requirements and exceptions. §16- 20.100 Section 209 -H is added concerning Hazardous Materials Business Plan. Section 209 -H is hereby added to the Fire Code to read as follows: Sec. 209 -H Hazardous materials Business Plan(HMBP). HMBP is a written plan containing General Information, Emergency Response Plan, Training Plan, Inventory Statement, and Site Plan. Each section shall be in such form and detail as required by the Chief and shall contain, at a minimum, the information required pursuant to section 25500 et.seq. of the Health and Safety Code. §16- 20.110 Section 214 -M is added concerning Moderately Toxic Gas. Section 214 -M is hereby added to Fire Code to read as follows: Sec. 214 -M Moderately Toxic Gas. Moderately toxic gas is a gas that has a median lethal concentration (LC50) in the air of more than 2,000 ppm but not more than 7,500 ppm by volume of gas or vapor when administered by continues inhalation for one hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each. §16- 20.120 Section 220 -5 is added concerning Storage Facility. Section 220 -5 is hereby added to the Fire Code to read as follows: Sec. 220 -5 STORAGE FACILITY. Storage facility is any one or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials. §16- 20.130 Section 903.3 is amended concerning Water Supplies and Fire Hydrants. Section 903.3 of the Fire Code is hereby amended to read as follows: 18 Sec. 903.3 Water supplies and Fire Hydrants. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, compliance with Appendix III -A of this code shall be deemed adequate, except for the following: 1. Buildings in excess of two (2) stories in height or 35 ft. in height, or that require a fire flow in excess of 2,000 gallons per minute shall be equipped throughout with an approved automatic fire sprinkler system. 2. Where water supplies available for fire protection do not meet the requirements of Appendix III -A, an approved (approved refers to approval by the Fire Chief) automatic sprinkler system installed throughout the building will be an acceptable alternate means of protection provided that a sprinkler system is not otherwise required by the Fire or Building Code. §16- 20.140 Section 1001.11 is added concerning Fire - Protection Systems and Equipment. Section 1001.11 is hereby added to the Fire Code to read as follows: Sec. 1001.11 Tool Caches. Rooms containing fire fighting equipment are required for all new buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. Such rooms shall be located as required by the Chief. The costs associated with the construction of the room and all original equipment costs are to be paid by the building owner. 516- 20.150 Section 1003.1.4 is added concerning Fire Extinguishing systems. Section 1003.1.4 is hereby added to the Fire Code to read as follows: Sec 1003.1.4 Valves below grade. Valves for water type fire protection systems, when installed below grade, shall be installed in an approved box or vault. §16- 20.160 Section 1004.6 is added concerning Standpipes. Section 1004.6 is hereby added to the Fire Code to read as follows: Sec. 1004.6 Required installations. When, in the opinion of the Chief, an unusual condition or hazard exists, hose connections may be required and may be provided as 19 outlined in Section 4 -5.21 of N.F.P.A. #13, 1994 Edition. §16- 20.170 Table 1004 -A is amended concerning Standpipe Required Systems. Table 1004 -A - standpipe required systems OCCUPANCY NONSPRINRLERED BUILDING' SPRINRLERED BUILDING" x 304.8 for mm Standpipe Hose Standpipe Hose x0.0929 for m' Class Requirement Class Requirement 1. Occupancies exceeding III I No 150 ft. in height Yes and more than one story 2. Occupancies 4 [I and III] stories for II) s Yes I No or more but less than 150 ft. in height, except Group R, Division 37 3 Group A II No Occupancies Yes Requirement No with occupant load exceeding 1,0006 4. Group A, Division 2.1 II Yes II Yes Occupancies over 5,000 square feet in area used for exhibition 5. Groups I; H; B; S; M; F, III Yes No D i v i s i o n 1 Requirement No Occupancies less than 4 stories in height but greater than 20,000 square feet per floor' 20 6. Stages more than II No III No 11000 square feet in area 'Except as otherwise specified in Item 4 of this table, Class II standpipes need not be provided in basements having an automatic fire - extinguishing system throughout. 'The standpipe system may be combined with the automatic sprinkler system. 'Portions of otherwise sprinklered buildings which are not protected by automatic sprinklers shall have Class II standpipes installed as required for the unsprinklered portions. 'In open structures where Class II standpipes may be damaged by freezing, the building official may authorize the use of Class I standpipes which are located as required for Class II standpipes. 'Hose is required for Class II standpipes only. `Class II standpipes need not be provided in assembly areas used solely for worship. 'For the purposes of this table, occupied roofs of parking structures shall be considered an additional story. In parking structures, a tier is a story. °The Chief may require the installation of Class I or II standpipes when the size or configuration of the building would not allow for the advancement of fire hose lines from the exterior of the building. The locations of the Class I standpipes shall be approved by the Chief and need not comply with Section 1004.3. The locations of Class II standpipes shall comply with Section 1004.4. §16- 20.180 Section 1007.3.3.3.5 is added concerning Fire Alarm Systems. Section 1007.3.3.3.5 is hereby added to the Fire Code to read as follows: Sec. 1007.3.3.3.5 Monitoring of fire extinguishing systems. When a fire alarm system is installed in a building, the system shall monitor all fire extinguishing systems. Activation of any fire extinguishing system shall send an alarm signal to the fire alarm control panel and initiate the alarm signaling devices. §16- 20.190 Section 2501.18.2 is amended concerning Requirement for Use of Candles and other open -Flame Devices. Section 2501.18.2 is hereby deleted in it's entirety and amended to 21 read as follows: Sec. 2501.18.2 Flaming foods and beverages. The preparation of flaming foods or beverages shall be in accordance with the following: 1. The fuels for table side cooking shall be limited to canned heating devices (such as Sterno, etc.) and compressed natural gas. The use of liquefied petroleum gases--. or flammable or combustible liquids is not permitted, 2.Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being served. They shall not be transported or carried while burning, 3.The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency, 4-The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames. The pouring,ladling or spooning of liquids is restricted to a maximum height of 8 inches (203.2mm) above the receiving receptacle, and 5.Containers shall be secured to prevent spillage when not in use. Sec. 2501.18.2.1 Canned heating devices. The heating and cooking of food by canned heating devices shall be in accordance with the following: 1.Combustible products or materials shall not be used in the immediate area where canned heating devices are being utilized. Table coverings are permitted provided they comply with Section 1103.3.3.1. 2.Carts, tables, etc. used in conjunction with canned heating devices must be of adequate construction to prevent tipping or falling. Sec. 2501.18.2.2 Use, Storage and Handling of Compressed Natural Gas. The use, storage and handling of compressed natural gas involved in the preparation of flaming foods and beverages shall be in accordance with the following: 1.Compressed natural gas cylinders shall not exceed 84 cubic feet in size. 2. Appliances for use with compressed natural gas must be approved for use with compressed natural gas by the American Gas Association or other nationally recognized technical organization. 3.The use of compressed natural gas may be disallowed based 22 on, but not limited to; unsafe appliances, unsafe building conditions, inadequate exiting and type of cooking involved. 4.Changing of compressed natural gas cylinders shall be done outside of the building by trained personnel. 5.Compressed natural gas cylinders shall be securely stored outside of the kitchen area away from sources of ignition. 6.There shall not be more than one compressed natural gas cylinder for each table side cart in use at any time. 7.At not time shall the combined quantity of compressed natural gas in use and in storage that is utilized for the preparation of flaming foods and beverages exceed 400 cubic feet in any building. Sec. 2501.18.2.3 Carts used for food preparation. Carts utilized for the preparation of flaming foods and beverages must be approved for such use and be equipped with a portable fire extinguisher having a minimum rating of 2A:10BC. Sec. 2501.18.2.4 Portable Deep Fat Fryers. Portable deep fat fryers shall be approved for such use. The portable deep fat fryers shall be placed on a surface of substantial construction as to prevent the fryer from falling over,and spilling the grease. A fire extinguisher with a minimum rating of 40B:C shall be located in the area where the deep fat fryer is being used. §16- 20.200 Section 5202.4.3.2, first and second paragraphs, are amended concerning Motor Vehicle Fuel- Dispensing Stations. Section 5202.4.3.2, first and second paragraphs, of the Fire Code are hereby amended to read as follows: Sec. 5202.4.3.2 Nozzles. A listed automatic - closing -type hose nozzle valve with a latch -open device shall be provided on island -type dispensers used for dispensing Class I, II or III -A liquids. Overhead -type dispensing units shall be provided with a listed automatic - closing- type hose nozzle valve with a latch -open device. 516- 20.210 Section 5204.5.2.1 is added concerning Storage Limits. Section 5204.5.2.1 of the Fire Code is hereby added to read as follows: Sec. 5204.5.2.1 Storage limits. The storage of compressed natural gas is permitted only in areas zoned as "Industrial" 23 or as otherwise approved by the Chief. §16- 20.220 Section 6301 is amended concerning Refrigeration. Section 6301 of the Fire Code is hereby amended to read as follows: Sec. 6301 - SCOPE Refrigeration unit and system installations having a. refrigerant circuit containing more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See the Mechanical Code for refrigerant group descriptions. See also Sections 8001.1.2, 8001.15, and 8002. 516- 20.230 Section 7401.6.4 is amended concerning Compressed Gases. Section 7401.6.4 of the Fire Code is hereby amended to read as follows: 7401.6.4 Securing compressed gas containers, cylinders and tanks. Compressed gas containers, cylinders and tanks shall be secured to prevent falling due to contact, vibration or seismic activity. Securing compressed gas containers.and tanks shall be by one of the following methods: EXCEPTION: Compressed gas containers, cylinders and tanks in the process of examination, filling, transport or servicing. 1. Containers and tanks greater than 26" in height shall be fixed to a secure object with at least two (2) restraints. The restraints shall be equally spaced, so that the bottom restraint is located one third of the distance from the bottom of the container, and the top restraint is located one third of the distance from the top of the container. 2. Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4. Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly for such use. §16- 20.240 Section 7701.7.2 is,amended concerning Explosive Materials. 24 Section 7701.7.2 of the Fire Code is hereby amended to read as follows: Sec. 7701.7.2 Limits established by law. The storing of explosive materials referred to in Section 7701.7.2 of the Uniform Fire Code shall be prohibited in heavily populated areas, except for temporary storage for use in connection the approved blasting operations, provided, however, this prohibition shall not apply to wholesale and retail stocks if small arms ammunition or explosive rivets or cartridges for explosive- actuated power tools in quantities involving less than 100 pounds of explosive material. 516- 20.250 Section 7901.1.1.1 is added concerning Flammable and Combustible Liquids. Section 7901.1.1.1 is hereby added to the Fire Code to read as follows: Sec. 7901.1.1.1 General. The storage, dispensing, mixing, handling and use of flammable and combustible liquids shall be done in a manner so as not to increase the risk of an unauthorized release. 516- 20.260 Section 7901.8.1 is amended concerning General Requirements. Section 7901.8.1 of the Fire Code is hereby amended to read as follows: Sec. 7901.8.1 General. Buildings, rooms and areas shall be provided with a means to control spillage and to contain or drain spillage and fire - protection water as set forth in Section 7901.8. See also section 8001.14.5. 516- 20.270 Section 7901.11.1.1 is amended concerning Piping, Valves, Fittings and Related Equipment. Section.7901.11.1.1 of the Fire Code is hereby amended to read as follows: Sec. 7901.11.1.1 GENERAL. Piping, valves, fittings and related components intended for use with flammable and combustible liquids shall be designed and fabricated from suitable materials having adequate strength and durability to withstand the pressures, structural stresses and exposures to which they can be subjected. Such equipment shall be in accordance with nationally recognized engineering standards, be listed for the application or be approved by the chief. See Article 90, Standards a 2.2, a 2.3, a 2.4, a 2.5, a 2.6, ul.10, u 1.11, Nonmetallic piping, if used, shall be installed in accordance with the manufacturer's installation instructions. Containment shall be provided for liquid hazardous materials. Containment includes but is not limited to double walled piping. 25 516- 20.280 Section 7901.3.2 is deleted concerning Plans. Section 7901.3.2 of the Fire Code is hereby deleted. §16- 20.290 Section 7902.2.2.1 is amended concerning Location of Tanks. Section 7902.2.2.1 of the Fire Code is hereby amended to read as follows: Sec. 7902.2.2.1 Locations where above ground tanks are prohibited. The storage of Class I, II and III -A liquids in aboveground tanks outside of buildings is permitted only in areas zoned as "Commercial" or as otherwise approved by the Chief. Regardless of the provisions of this code for tank locations relative to buildings and property lines, specific. site locations for aboveground tanks located outside of buildings shall be as approved by the Chief. 516- 20.300 Section 8001.1.1 first paragraph, is amended concerning Hazardous Materials. Section 8001.1.1 first paragraph, is hereby amended to read as follows: Sec. 8001.1.1 General. Prevention, control and mitigation of dangerous conditions related to storage, dispensing, use, and handling of hazardous materials, regardless of quantity, and information needed by emergency response personnel shall be in accordance with Article 80. This article shall include those parts of Chapter 6.95 commencing with Sec. 25500) and Chapter 6.7 (commencing with Sec. 25280) and Chapter 6.75 (commencing with Sec. 25299) of the Health and Safety Code which impose additional requirements or are more restrictive. §16- 20.310 Section 8001.1.1.1 is added concerning General Safety. Section 8001.1.1.1 is hereby added to the Fire code to read as follows: Sec. 8001.1.1.1 General safety. The dispensing, mixing, handling, use or storing of hazardous materials shall be done in a manner so as not to increase the risk of -an unauthorized release. In the absence of direct regulation by this code, other appropriate regulations, standards, laws ordinances, or other nationally recognized and accepted methods of good practice may be applied to define acceptable practices. In the event of conflicting authorities, the most restrictive shall apply. §16- 20.320 Section 8001.2.2 is amended concerning Definitions. Section 8001.2.2 of the Fire Code is hereby amended to read as 26 follows: Sec. 8001.2.2 Limited application. For the purposes of Article 80, certain terms are defined as follows: CONTAINER is any vessel of 60 United States gallons (227.1L) or less capacity used for transporting or storing hazardous materials. OUTDOOR AREA is a single, contiguous property exterior to buildings or without buildings thereon which is under the ownership or control of a single person. See also definition of Person in Section 217. CONTINUOUS GAS- DETECTION SYSTEM is a gas- detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 5 minutes. EXCEPTION: Alternate systems may be approved by the Chief based upon equivalent protection. §16- 20.330 Section 8001.3.2, first paragraph, is amended concerning Hazardous Materials Management Plan. Section 8001.3.2, first paragraph, of the Fire Code is hereby amended to read as follows: Sec. 8001.3.2 Hazardous materials management plan. When required by the chief, each application for a permit shall include a hazardous materials management plan (HMMP). [Note: the term; hazardous material management plan (HMMP) shall also mean; hazardous materials business plan (HMBP)]. The location of the HMMP shall be posted adjacent to permits when an HMMP is provided. §16- 20.340 Section 8001.4.2.1 is added concerning Orifices. Section 8001.4.2.1 is hereby added to the Fire code to read as follows: Sec. 8001.4.2.1 Reduced flow orifices. Containers for highly toxic gases shall be equipped with a flow restricting orifice. §16- 20.350 Section 8001.4.3.2 is amended concerning Design and Construction. Section 8001.4.3.2 of the Fire Code is hereby amended to read as follows: Sec. 8001.4.3.2 Design and construction. Piping, tubing, valves, fittings and related components used for hazardous 27 materials shall be in accordance with the following; 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the materials to be contained and shall be of adequate strength and durability to withstand pressure, structural and seismic stress, and exposure to which they are subject, 2. Piping and-tubing shall be identified in accordance with nationally recognized standards (see Article 90 Standard a.2.1) to indicate the material conveyed, 3. Emergency shutoff valves shall be identified and the location shall be clearly visible and indicated by means of a sign, and 4. Backflow- prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials. 5. 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. 6. Containment shall be provided for liquid hazardous materials. Containment includes but is not limited to double walled piping. §16- 20.360 Section 8001.4.3.3 is amended concerning Supply Piping. Section 8001.4.3.3 of the Fire code is hereby amended to read as follows: Sec. 8001.4.3.3 Additional regulations for supply piping for health hazard materials. Supply piping and tubing for moderately toxic, toxic and highly toxic gases and for liquids having a health hazard ranking of 3 or 4 in accordance with UFC Standard 79 -3 shall also be in accordance with the following: 1. Piping and tubing utilized for the transmission of moderately toxic gases or toxic or highly toxic gases or material shall have welded or brazed connections throughout unless an exhausted enclosure is provided if the materials is a gas, or the piping is provided with a receptor for containment if the material is a liquid, EXCEPTION: Nonmetallic piping with approved connections. 2. Highly toxic gases and toxic and moderately toxic W corrosive gases shall be provided with double walled piping, or equivalent. EXCEPTION: Toxic or moderately toxic gases when provided with primary containment materials inert to the hazards of the gas. 3. Piping and tubing shall not be located in exit corridors, within any portion of an exit required to be enclosed in fire resistive construction, or above areas not classified as Group H Occupancies. EXCEPTION: Piping and tubing within the space defined by the walls of exit corridors and floor or roof above or in concealed space above other occupancies when installed in accordance with the Building Code as required for Group H, Division 6 Occupancies. See UBC Section 307.11.6.2. 4. Where gases or liquids are carried in pressurized piping above 15 psi (103.4kPa), excess flow control shall be provided. Where the piping originates from within a the storage room or area, the excess flow control shall be located within a hazardous materials storage room or area. Where piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical, and 5. Readily accessible manual or automatic remotely activated fail -safe emergency shut -off valves shall be installed on supply piping and tubing at the following locations: 5.1 The point of use, and 5.2 The tank, cylinder or bulk source. §16- 20.370 Section 8001.5.2.2 is amended concerning Notification. Section 8001.5.2.2 of the Fire code is hereby amended to read as follows: Sec. 8001.5.2.2 Notification. The chief shall be notified immediately when a threatened release or unauthorized discharge escapes secondary containment, or is contained but presents a threat to health or property, or becomes reportable under state, federal or local regulations. §16- 20.380 Section 8001.7 is amended concerning Identification Signs. Section 8001.7 of the Fire Code is hereby amended to read as follows: Sec. 8001.7 Identification signs. Visible hazard identification signs as specified in U.F.C. Standard 79 -3 shall be placed at entrances to locations where hazardous 29 materials are stored, dispensed, used or handled in quantities requiring a permit. Signs shall be provided at specific entrances designated by the chief. Individual containers, cartons, packages piping, gas cabinets, equipment, or rooms shall be conspicuously marked or labeled in accordance with the departments labeling guideline or, if unavailable, with nationally recognized standards. See also Section 8003.1.2 Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. §16- 20.390 Section 8001.4.•7.4 is added concerning Annual Maintenance. Section 8001.4.7.4 is hereby added to the Fire Code to read as follows: Sec. 8001.4.7.4 Annual maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be available to any representative of the Fire department for inspection upon request. §16- 20.400 Section 8001.9.8 is amended concerning Separation of Hazardous Materials. Section 8001.9.8 of the Fire Code is hereby amended to read as follows: Sec. 8001.9.8 Separation of incompatible hazardous materials. Incompatible hazardous materials shall be separated. Separation by hazard class is appropriate unless otherwise approved by the chief or in following nationally recognized standards. Separation shall be accomplished by: 1. Segregating incompatible hazardous materials by a distance of not less than 20 feet (6096 mm) and an independent containment system, or secondary containment, 2. Isolating incompatible hazardous materials by a non combustible partition extending not less than 18 inches (457.2 mm) above and to the sides of the stored material, 3. Storing liquid and solid materials in hazardous materials storage cabinets. (See Section 8003.1.10), or 4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 8003.3.1.3.2 and 30 9003.3.1.3.3. Materials which are incompatible shall not be within the same cabinet or exhausted enclosure. 516- 20.410 Section 8001.10.1.1 is added concerning Facility Transport. Section 8001.10.1.1 is hereby added to the Fire Code to read as follows: Sec. 8001.10.1.1 Facility transport. When hazardous materials are in transport in or about a facility, they shall remain in the travel path only for the time reasonably necessary to effect the transfer. §16- 20.420 Section 8001.10.1.2 is added concerning Transport Safety. Section 8001.1.2 is hereby added to the Fire Code to read as follows: Sec. 8001.10.1.2 Transport safety. Movement of hazardous materials in or about a facility shall be done in a manner which will not substantially increase the risk of unauthorized release. Hazardous.materials shall be accompanied by a trained (pursuant to Sec. 8001.1.9.1) person when in transit to their use or storage point. 516- 20.430 Section 8001.12.3.3 is amended concerning Height. Section 8001.12.3.3 of the Fire Code is hereby amended to read as follows: Sec. 8001.12.3.3 Height. Display height shall not exceed 6 feet (1829 mm) in areas open to the public unless such storage is seismically secure to prevent any unsafe movement in the event of a major earthquake. §16- 20.440 Section 8001.14.5 is added concerning Containment. Section 8001.14.5 is hereby added to the Fire Code to read as follows: Sec. 8001.14.5 Containment requirements. Containment system shall be required for all hazardous materials which are liquids or solids at normal temperature and pressure (NTP). Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation., and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. The chief may require outside containment areas 31 to be covered with a roof or canopy for protection from the environment. In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank. In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the volume of the aggregate internal volume of all primary tanks, whichever is greater. §16- 20.450 Section 8001.14.6 is added concerning Highly Toxic and Toxic Gases. Section 8001.14.6 is hereby added to the Fire Code to read as follows: Sec. 8001.14.6.1 Indoor storage . Indoor storage of toxic gases in amounts exceeding 10 cubic feet per control area, and highly toxic gases in any amount shall be in accordance with Sections 8001.1, 8001.14.6, 8001.15, 8003.3.1, and 8003.3.3. Sec. 8001.14.6.2 outdoor storage. Outdoor storage of toxic gases in amounts exceeding 10 cubic feet per outdoor area, and highly toxic gases in any amount shall be in accordance with Sections 8003.1, 8001.14.6, 8001.15.2, 8003.3.2, and 8003.3.3. Sec. 8001.14.6.3 Indoor use. Indoor use of toxic gases in amounts exceeding 10 cubic feet per control area and highly toxic gases in any amount shall be in accordance with Section 8001.14.6, 8001.15 and 8004.2.3.7. Sec. 8001.14.6.4 outdoor use. Outdoor use of toxic gases in amounts exceeding 10 cubic feet per outdoor area and highly toxic gases in any amount shall be in accordance with Sections 8001.14.6, 8001.15.2 and 8004.3.6. Sec. 8001.14.6.5 Seismic shut -off valve. An automatic shut- off valve which is of a fail safe to close design shall be provided to shut -off the supply of toxic or highly toxic gases. Sec. 8001.14.6.6 Fire extinguishing systems. Indoor storage and use areas and exterior use areas and storage buildings shall be protected by an automatic fire sprinkler system in accordance with Section 8003.1.11. Sec. 8001.14.6.7 Automatic shut -off valve. An automatic valve which is of a fail safe to close design shall be provided to shut -off the supply of highly toxic gases for 32 any of the following: 1. Activation of a manual fire alarm. 2. Activation of the gas detection system. 3. Failure of emergency power. 4. Manually, from remote locations. 5. Failure of primary containment. 6. A significant seismic event. An automatic valve which is of a fail safe to close design shall be provided to shut -off the supply of toxic gases upon activation of the gas detection system or upon seismic activity. Sec. 8001.14.6.8 Emergency control station. For highly toxic gases, signals from emergency equipment shall be transmitted to an emergency control station which is continually staffed by trained personnel. Sec. 8001.14.6.9 Local gas shut off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the Chief. The Chief may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut -off valves shall be of "fail safe to close design ". Sec. 8001.14.6.10 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. Sec. 8001.14.6.11 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding 500,000 cubic feet in a single container per control area or outdoor use area shall comply with the additional requirements for highly toxic gases of sections 8001.14.6, 8001.4.3.2 and 8001.4.3.3 of this code. §16.20.460 Section 8001.15 is added concerning Moderately Toxic Gases. Section 8001.15 is hereby added to the Fire Code to read as follows: Sec. 8001.15 Moderately toxic gases including those used as refrigerants. Moderately toxic gases including those used as refrigerants shall be in accordance with sections 8003.3.3.3.1, 8001.4.7.4, 8001.14.6.6, 8003.1.11 and 8001.4.3.2 in addition to the requirements of this section. Sec. 8001.15.1 Indoor storage. Indoor storage of moderately toxic gases in excess of 20 cubic feet per area bounded by no less than a one -hour fire - restive occupancy separation shall be in accordance with 8001.15.1 33 Sec. 8001.15.1.2 Ventilation. Cylinders shall be stored within gas cabinets, exhausted enclosures, or gas storage rooms. Portable and stationary tanks shall be stored within gas rooms or exhausted enclosures. Sec. 8001.15.1.3 Treatment systems. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures and gas rooms in accordance with Section 9003.3.1.3.5. Sec. 8001.15.1.4 Gas detection. A continuous gas detection system shall be provided to detect the presence of a gas at or below the permissible exposure limit or ceiling limit in accordance with Section 8003.3.1.6. Sec. 8001.15.2 Outdoor storage. Outdoor storage of moderately toxic gases in excess of 20 cubic feet per outdoor area shall be in accordance with Section 8001.14.6.6 and 8001.15.2. Sec. 8001.15.2.1 Canopies. Portable tanks and cylinders shall be stored under a canopy of non combustible construction. Sec. 8001.15.2.2 Piping and controls. In addition to the requirements of Section 8001.4.3, piping and controls on stationary tanks shall be in accordance with Section 8003.3.2.4. Sec. 8001.15.2.3 Leaking cylinders. One or more gas cabinets or exhausted enclosures shall be provided to handle leaking cylinders in accordance with Section 8003.3.3.3. Sec. 8001.15.2.4 Local exhaust for leaking portable tanks. A means of local exhaust shall be provided to capture leaks from portable tanks in accordance with Section 8003.3.3.4. Sec. 8001.15.3 Indoor use. Indoor use of moderately toxic gases in excess of 20 cubic feet per area bounded by not less than a one -hour fire - resistive occupancy separation shall be in accordance with Section 8001.15.3 and the storage provisions of Section 8001.15.1. Sec. 8001.15.3.1 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. Sec. 8001.15.4 Outdoor use. Outdoor use of moderately toxic gases in excess of 20 cubic feet shall be in accordance the Section 8001.15.4 and the storage provisions of Section 8001.15.2. Sec. 8001.15.4.1 Ventilation. When cylinders, containers or portable tanks are used outdoors, gas cabinets or exhausted enclosures shall be provided. 34 Sec. 8001.15.4.2 Treatment systems. Treatment systems shall be utilized to process all exhaust to be discharged from gas cabinets or exhausted enclosures in accordance with Section 8003.3.1.3.5. Sec. 8001.15.5 Moderately toxic gases with a lc 50 equal to or less than 3000 parts per million. Notwithstanding the hazard class definition in Section 214 -M, moderately toxic gases with an LC50 less than 3000 parts per million shall comply with the requirements of Sections 8001.15. §16- 20.470 Section 8001.16 is added concerning Maximum Threshold Quantity. Section 8001.16 is hereby added to the Fire Code to read as follows.. Sec. 8001.16 Maximum threshold quantity. Moderately toxic gases stored or used in quantities exceeding 500,000 cubic feet in a single container per control area or outdoor use area shall comply with the additional requirements for toxic gases of sections 8001.14 and 8001.4.3.3 of this code; moderately toxic gases stored or used in quantities exceeding 1,000,000 cubic feet per control area or outdoor use area shall also comply with the additional requirements for highly toxic gases of sections 8001.14 and 8001.4.3.3 of this code. §16- 20.480 Section 8003.1 is amended concerning General Requirements. Section 8003.1 of the Fire Code is hereby amended to read ad follows: Sec. 8003.1 General. Indoor storage of toxic and highly toxic compressed gases in amounts exceeding the exempt amounts set forth in Section 8001.13 shall be in accordance with Section 8003.1, 8003.3.1, 8003.3.3.3, and 8001.14.6. §16- 20.490 Section 8003.1.7.4 is amended concerning Secondary Containment. Section 8003.1.7.4 of the Fire Code is hereby amended to read as follows: Sec. 8003.1.7.4 Secondary containment. Drains shall be directed to containment systems or other locations designed as secondary containment for the hazardous materials liquids and fire - protection water, or the building, room or area shall be designed to provide secondary containment of hazardous materials liquids and fire protection waster through the use of recessed floors or liquid tight raised sills. Secondary containment shall be sized in accordance with 35 section 8001.14.5. The volume contained shall include the sized amount plus the design flow rate of the automatic fire - extinguishing system for the area of the room or area in which the storage is located or the system design area, whichever is smaller. The containment capacity shall be capable of containing the flow for a period of 20 minutes. Overflow from the secondary containment system shall be provided to direct liquid leakage and fire - protection water to a safe location away from the building, valves, means of egress, fire access roadway, adjoining property or storm drains. If the storage area is open to rainfall, the secondary containment shall be designed to accommodate the volume of a 24 -hour rainfall as determined by a 25 -year storm. Where curbs are used, provisions shall be made for draining accumulations of groundwater or rainwater. A monitoring method capable of detecting hazardous material leakage from the primary containment into the secondary containment shall be provided. Visual inspection of the primary containment shall be used unless other means of monitoring are approved by the chief. Where secondary containment is subject to the intrusion of water, a monitoring method for such water shall be provided. When monitoring devices are provided, they shall be connected to distinct visual or audible alarms. §16- 20.500 Section 8003.1.14.1 is amended concerning general Requirements. Section 8003.1.14.1 of the Fire Code is hereby amended to read as follows: Sec. 8003.1.14.1 General. Limit controls shall be provided in accordance with Section 8003.1.14. Sections 8003.1.14.2 and 8003.1.14..3 shall also apply to materials in quantities that do not exceed the exempt amounts. §16- 20.510 Section 8003.3.1.3.1 is amended concerning Ventilated Areas. Section 8003.3.1.3.1 of the Fire Code is hereby amended to read as follows: Sec. 8003.3.1.3.1 Ventilated area. Cylinders shall be stored within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be stored within gas rooms or exhausted enclosures. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation that is independent of the ventilation required for gas cabinets and exhausted enclosures. 36 516- 20.520 Section 8003.3.1.4 is amended concerning Emergency Power. Section 8003.3.1.4 of the Fire Code is hereby amended to read as follows: Sec. 8003.3.1.4 Emergency power. Emergency power shall be provided for highly toxic and toxic gases in amounts exceeding the exempt amounts in lieu of standby power for: 1. Exhaust ventilation, including the power supply for treatment systems. 2. Gas detection systems. 3. Emergency alarm systems. 4. Temperature control systems. 516- 20.530 Section 8003.3.2.1 is amended concerning General Requirements. Section 8003.3.2.1 of the Fire Code is hereby amended to read as follows: Sec. 8003.3.2.1 General. Outdoor storage of highly toxic or toxic compressed gases in amounts exceeding exempt amounts set forth in Section 8001.13-shall be in accordance with Sections 8003.1, 8003.3.2, 8003.3.3 and 8001.14.6. §16- 20.540 Section 8003.3.2.2.2 is amended concerning Distance Limitation. Section 8003.3.2.2.2 of the Fire Code is hereby amended to read as follows: Sec. 8003.3.2.2.2 Distance limitation to exposures. Outdoor storage of moderately toxic, toxic and highly toxic compressed gases shall not be within 75 feet (22, 860 mm) 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 shielding structure shall be at least five (5) feet from any exposure. The shielding structure shall not have more than two sides at approximately 90- degree directions, or three sides with connecting angles of approximately 135 degrees. §16- 20.550 Section 8003.3.3.3.1 is added concerning Cylinder Leak Test. Section 8003.3.3.3.1 to hereby added to the Fire Code to read as follows: Sec. 8003.3.3.3.1 Cylinder leak testing. Compressed gas cylinders shall be inspected for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the Chief in accordance with 37 appropriate nationally recognized industry standards.and practices, if any. Appropriate remedial actions shall be immediately undertaken when leaks are detected. 516- 20.560 Section 8003.3.3.4.1 is added concerning Excess Flow Control. Section 8003.3.3.4.1 is hereby added to the Fire Code to read as follows: Sec. 8003.3.3.4.1 Excess flow control. Portable tanks, and cylinders shall be provided with excess flow control. Valves shall be permanently marked to indicate the maximum design flow rate. EXCEPTION: Moderately toxic gas. §16- 20.570 Section 8004.1.1 is amended concerning Applicability. Section 8004.1.1 of the Fire Code is hereby amended to read as follows: Sec. 8004.1.1 Applicability. Use, dispensing and handling of hazardous materials where the aggregate quantity is in excess of the exempt amount set forth in Section 8001.13 shall be in accordance with Sections 8001 and 8004. Use dispensing and handling of hazardous materials where the aggregate quantity does not exceed the exempt amounts set forth in Section 8001.13 shall be in accordance with Section 8001. For flammable, oxidizing, pyrophoric, toxic, and highly toxic gases, see also Section 8001.14. §16- 20.580 Section 8004.1.19 is added concerning Emergency Plan. Section 8004.1.19 is hereby added to the Fire Code to read as follows: Sec. 8004.1.19 Emergency Plan. See Section 8003.1.15. §16- 20.590 Section 8202.1, third paragraph, is amended concerning Permits and Plans. Section 8202.1, third paragraph, of the Fire code is hereby amended to read as follows: Sec. 8202.1 Permits and plans. Where a single container is over 125 gallons water capacity or the aggregate capacity of containers is over 125 gallon water capacity, the installer shall submit plans for such installations. §16- 20.600 Section 8204.2.1 is added concerning Established Limits. 38 section 8204.2.1 is hereby added to the Fire Code to read as follows: Sec. 8204.2.1 Established limits. The storage of liquid petroleum gasses referred to in Section 8204.2 of the Uniform Fire Code shall be shall be allowed only at a business establishment located within a commercial zoning district which is duly licensed to store and sell gasoline. 516- 20.610 Section 16.3 is added to Appendix II -A concerning Firebreak Vegetation. Section 16.3 is hereby added to Appendix II -A of the Fire Code to read as follows: Sec. 16.3 Firebreak Vegetation. When brush or vegetation growth is removed and cleared away to provide a firebreak as required by this section, suitable growth which will not form • means of rapidly transmitting fire shall be planted in such • manner so as to reduce the possibility of erosion. §16- 20.620 Section 25 is added to Appendix II -A concerning Roof Coverings. Section 25 is hereby added to Appendix II -A of the Fire Code to read ad follows: Sec.25 - Roof Coverings. Roof coverings on all buildings shall be fire - retardant, and shall comply with the standards established for Uniform Building Code Class A roofing. Re- roofing of existing buildings shall comply with the above except that any re- roofing of less than ten percent (10 %) of the total roof area on any building shall be exempt from this requirement. Additions to existing buildings exceeding ten percent (10 %) of the total roof area shall comply with this section. §16- 20.630 Section 26 is added to Appendix II -A concerning Hazardous Fire Area Designations. Section 26 is hereby added to Appendix II -A of the Fire Code to read as follows: Sec. 26 - Hazardous fire area designations. 'Hazardous fire areas are those lands as defined in Section 209 -H of this Code. All hazardous fire areas shall be designated by the Fire Chief on a map which shall be maintained in the office of the Fire Chief and in the office of the City of Saratoga. §16- 20.640 Section 5 is added to Appendix II -B concerning Distribution of Fire Hydrants. Section 5 is hereby added to Appendix III -B of the Fire Code to read as follows: 39 Sec. 5 - Distribution of Fire Hydrants. The average spacing between fire hydrants shall not exceed that listed in Table A- III-B-1. EXCEPTION: The maximum spacing of hydrants in commercial areas 250 feet. Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table A- III -B -1. SECTION 4: Section 16- 25.010 in Article 16.25 of the City Code is amended to read as follows: "ARTICLE 16 -30" PLUMBING CODE sections: 16- 25.010 Adoption of the California Plumbing Code 16- 25.030 Additions, deletion and amendments 16- 25.030 Deletion concerning specific sections regarding administration of the code §16- 25.010 Adoption of Uniform Plumbing Code. The 1994 Edition of the California Plumbing Code, including all Appendices as compiled and published by the International Conference of Building Officials and amended by the State of California, hereinafter referred to as the "Plumbing Code," one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Plumbing Code of the City. 516- 25.020 Additions, deletions and amendments. The additions, deletions and amendments set forth in this Article are hereby made to the Plumbing Code as adopted by reference in Section 16- 25.010. §16- 25.030 Section 10.4, 10.5 and 20.1 through 20.14 deleted; administration governed by Building Code. Section 10.4, 10.5, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, 20.11, 20.12, 20.13, 20.14 of the Plumbing Code are hereby deleted. All administration of the Plumbing Code shall be governed by the Building Code as adopted in Article 16 -15 of this Chapter. §16- 25.040 Repealed. (Ordinance 71.39, adopted April 6, 1988.) §16- 25.050 Repealed. (Ordinance 71.55, adopted March 1, 1989.) 40 SECTION 4: Section 16- 30.101 in Article 16 -30 of the City Code is hereby amended to read as follows: "ARTICLE 16 -35" MECHANICAL CODE Sections: 16- 30.010 Adoption of the California Mechanical Code 16- 30.020 Additions, deletions and amendments 16- 30.030 Deletion of Chapter 2 & 3 §16- 30.010 Adoption of Uniform Mechanical Code. The 1994 Edition of the California Mechanical Code, including all Appendices, as compiled and published by the International Conference of Building Officials and amended.by the State of California, hereinafter referred to as the "Mechanical Code," one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Mechanical Code of the City. 516- 30.020 Additions, deletions and amendments. The additions, deletions and amendments set forth in this Article are hereby made to the Mechanical Code as adopted by reference in Section 16- 30.010. §16- 30.030 Chapters 2 and 3 deleted, administration governed by Building Code. Chapters 2 and 3 of the Mechanical Code are hereby deleted. All administration of the Mechanical Code shall be governed by the Building Code as adopted in Article 16 -15 of this Chapter. SECTION %5: Article 16 -35 of the City Code is hereby amended to read as follows: "ARTICLE 16 -35" ELECTRICAL CODE Sections: 16- 35.010 Adoption of California Electrical Code 16 -35 020 Additions, deletion and amendments 16- 35.030 Article 100 amended to define commercial building 16- 35.040 Article 110 -8 amended concerning raceway in commercial buildings §16- 35.010 Adoption of National Electrical Code. The 1993 Edition of the California Electrical Code, as compiled and published by the National Fire Protection Association, hereinafter referred to as the "Electrical Code," one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and 41 such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Electrical Code of the City. 516- 35.020 Additions, deletions and amendments. Additions, deletion and amendments set forth in this Article are hereby made to the Electrical Code as adopted by reference in section 16- 35.010. 516- 35.030 Article 100 amended to define Commercial Building. Article 100 of the Electric Code is hereby amended to read as follows: Article 100 Commercial building: A building or structure used for purposes other than a one - family, two - family or multi - family dwelling. §16- 35.040 Article 110 -8 amended concerning Raceways in Commercial Buildings. Article 110 -8 of the Electrical Code is hereby amended to read as follows: 110 -8. Wiring Methods. Only wiring methods recognized as suitable are included in this Code. The recognized methods of wiring shall be permitted to be installed in any type of building or occupancy, except as otherwise provided in this Code. Notwithstanding any other provision of this Code, approved raceways shall be installed in all commercial buildings. SECTION 6: Section 16- 40.010 in Article 16 -40 of the City Code is hereby amended to read as follows: "ARTICLE 16 -40" HOUSING CODE sections: 16- 40.010 Adoption of Uniform Housing Code 16- 40.020 Additions, deletion and amendments 16 -40 030 Chapter 3 amended concerning general requirements 16- 40.040 Section 401 amended concerning "health Officer" 516- 40.010 Adoption of Uniform Housing Code. The 1994 Edition of the Uniform Housing Code, as compiled and published by the International Conference of Building Officials, hereinafter referred to as the "Housing Code," one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Housing Code of the 42 City. 516- 40.020 Additions, deletions and amendments. The additions, deletions and amendments set forth in this Article are hereby made to the Housing Code as adopted by reference in Section 16- 40.010. §16- 40.030 Chapter 3 amended concerning application of Administrative Code. Chapter 3 of the Housing Code is hereby amended to read as follows: Sec. 301 General. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code without first obtaining a separate permit for each building or structure from the building official in the manner and according to the applicable conditions prescribed in Chapter 3 of the Administrative Code. Sec. 302 Fees. Whenever a building permit is required by Section 301 of the Administrative Code, the appropriate fees shall be paid to the building official as specified in Section 304 of the Administrative Code. Sec. 303 Inspections. All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this Code and Section 305 and 306 of the Administrative Code. j §16- 40.040 Section 401 amended concerning definition of "Health Officer." - Section 401 of the Housing ode is hereby amended to read as follows:. Sec. 401. The term "Health Officer ", as used in this Code, means the person or persons duly authorized by the County to administer and enforce the provisions of this Code. If the County at any time ceases to render the services required for the enforcement of the provisions of this Code for the City, the Health Officer shall be such person as designated by the City Council. SECTION 7: Section 16- 45.010 in Article 16 -45 of the City Code is hereby amended to read as follows: "ARTICLE 16 -45" ABATEMENT OF DANGEROUS BUILDINGS CODE 516- 45.010 Adoption of Uniform Code for the Abatement of 43 Dangerous Buildings. The 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as compiled and published by the International Conference of Building Officials, hereinafter referred to as the "Abatement of Dangerous Buildings Code," one copy of which has been filed for use and examination by the public in the office of the City Clerk, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Abatement of Dangerous Buildings Code of the City. 44