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Item 8 Staff Report Adopt Resolution Authorizing the Town Manager to Execute a Memorandum of Understanding with the Santa Clara County Hazardous Materials Advisory CommitteeTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: September 30, 1992 TO: MAYOR AND TOW CO ,)NCJL FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 10-5-92 ITEM NO. F ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE RECOMMENDATION: Adopt resolution authorizing the Town Manager to execute a Memorandum of Understanding (MOU) for the Santa Clara County Hazardous Materials Advisory Committee (HMAC). BACKGROUND: Santa Clara County and the cities in the County formed the Tanner Advisory Committee in 1986 to oversee the preparation and implementation of the County -wide Hazardous Waste Management Plan required by State law. The Tanner program was funded with contributions from County municipalities. In February, the County requested that each municipality execute an MOU with the County concerning the Hazardous Materials Advisory Committee. The Town declined to participate due to the cost and elements of the workplan. The Town is being requested to reconsider participation. The workplan has been revised to reflect the Town's concerns. The financial commitment from the Town has been decreased from $3,180 to $1,590 per year for the next three years. DISCUSSION: Memorandum of Understanding The MOU creates the HMAC to oversee the implementation of a three-year work plan for hazardous materials management in the County. The HMAC will replace the Tanner Advisory Committee and will carry out the work plan. The work plan is supported by the City Manager's Association and the Santa Clara County Cities Association, and has been approved by the Santa Clara County Board of Supervisors. The MOU establishes the rights and responsibilities of the County and the Town of Los Gatos with respect to implementation of the work plan and specifies each participant's financial commitment. Los Gatos' annual contribution of $1,590 is based on the volume of hazardous waste disposed by Los Gatos residents and businesses. PREPARED BY: Regina A. Fal Community •�y��'� Director RAF:dr CSD1 CNCLRPTS\SCCHMAC. MOU ATTACHMENT: Resolution 9/30/92 12:07 pm File # DISTRIBUTION: Isao Kobashi, Program Manager, Office of Toxic Solid Waste Management, 1735 North First Street, Ste. 275, San Jose, CA 5112 Reviewed by: ((.t_ Attorney Cler COUNCIL ACTION/ACTION DIRECTED TO: finance Treasurer PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE September 30, 1992 A draft MOU was circulated among cities, and the final MOU has incorporated changes suggested by individual cities. Key points of the MOU are: 1. The agreement term is three years with the ability to terminate upon 90 days notice. 2. An annual program report and evaluation is required. During the third year, the HMAC's entire effort will be evaluated and a decision made on its future. 3. The majority of cities with a majority of population in the county must participate in order to create the HMAC or approve changes in priorities. The HMAC will consist of thirteen members representing the County, cities, the Water District, manufacturers and trade associations, small quantity generators, Fire Chiefs, the Silicon Valley Toxics Coalition and the League of Women Voters. Each member will have one vote. The Santa Clara County Cities Association will appoint three elected city representatives and alternates to serve on the Committee. One representative will represent the seven Central County cities of Los Gatos, Campbell, Cupertino, Milpitas, Santa Clara, and Saratoga. The proposed Work Plan Under the previous work plan, County staff and the Tanner Advisory committee accomplished many tasks including: • writing and submitting the Revised Plan; • establishing a County -wide household hazardous waste collection program; • producing a Household Hazardous Waste Guide and the popular "Take Me Shopping" booklet (a collection of household waste reduction and toxics use alternatives); • conducting technical assistance workshops for metal finishers and auto repair facilities; • establishing a Technical Advisory Group for small quantity generators; and • working with the Santa Clara Valley Water District in establishing a Wellhead Protection Advisory Committee. Under the proposed work plan, the HMAC will: continue the work of the Tanner Advisory Committee; implement a systematic mechanism to provide information on waste reduction; provide technical assistance on source and waste reduction; work with regulatory agencies to streamline permitting, inspection, and enforcement processes; • monitor the progress of the County -wide household hazardous waste program; • oversee the Santa Clara Valley Water District Wellhead Protection Program; • monitor hazardous materials legislation and regulations; • provide additional monitoring and referral services as necessary; and • develop recommendations for institutional structure for long-term toxics policy and planning. A full copy of the MOU, (attached) also includes the HMAC's Work Plan and Budget, Proposed Annual Contribution by all groups, and Annual Financial Contribution by City as attachments to the MOU. FISCAL IMPACT: Costs for this program will be charged to the Community Services Department Solid Waste Management (SWM) Program (8060). Revenues for the SWM Program are obtained through service fees collected by Green Valley Disposal Company. RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS CONCERNING SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE WHEREAS, the Tanner Advisory Committee has developed and begun implementation of a State required County -wide Hazardous Waste Management Plan ; and WHEREAS, the County of Santa Clara ("County"), together with the cities within the County are contributing financial resources to implement a three-year work plan ("Program") for hazardous materials management; and WHEREAS, the Memorandum of Understanding ("MOU") is supported by the City Manager's Association and the Santa Clara County Cities Association, and approved by the Santa Clara County Board of Supervisors; and WHEREAS, the MOU establishes the rights and responsibilities of the County and the Town of Los Gatos with respect to implementation of the program and specifies each participant's financial commitment. WHEREAS, The MOU creates the Santa Clara County Hazardous Materials Advisory Committee to replace the Tanner Advisory Committee; CSD08:A: \RESOS\CS100592. R03 -1- NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVES that the Town Manager is authorized to execute the MOU with the Santa Clara County Hazardous Materials Advisory Committee (attached as Exhibit A), effective for a three-year term beginning July 1, 1992. The MOU may be extended for successive periods upon written agreement between County and Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of October, 1992, by the following vote: COUNCIL MEMBERS: AYES: NAYES: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C S D0 S: A: \ R E S O S\ C S 100592. R03 -2- MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS CONCERNING SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE This Memorandum of Understanding is made and entered into this day of , 1992, by and between the County of Santa Clara ("County"), a political subdivision of the State of California, and the Town of Los Gatos ("Town"), a municipal corporation of the State of California. 1. PURPOSE The County of Santa Clara ("County"), together with the jurisdictions within the County are contributing financial resources to commence work on a three year work plan ("Program") for hazardous materials management as developed by the Tanner Advisory Committee, supported by the City Manager's Association and the Santa Clara County Cities Association, and approved by the Santa Clara County Board of Supervisors ("Board"). This Memorandum of Understanding ("MOU") will establish the rights and responsibilities of the County and Town of Los Gatos ("Town") with respect to implementation of the work plan and specifies each participants financial commitment. This MOU will also create the Santa Clara County Hazardous Materials Advisory Committee, herein after, "Committee". The Committee shall be advisory to the County and Town in developing annual program priorities and overseeing program implementation. The Committee and the Program (see Attachment A) will become operative when there is financial participation at the levels shown in Attachment B by the County of Santa Clara, the Santa Clara Valley Water District and a majority of the jurisdictions representing a majority of the population in the county. 2. TERM OF MOU This MOU shall be effective for a three (3) year term beginning July 1, 1992. The MOU may be extended for successive periods upon written agreement between County and Town. 3. ROLE OF COUNTY The County shall be responsible for implementing the three year work plan which addresses hazardous materials issues in Santa Clara County. The County shall provide staffing and related support necessary to implement the Program. 4. REPRESENTATION ON ADVISORY COMMITTEE The Santa Clara County Board of Supervisors shall appoint two of its members of the Board to serve on the Committee. 1 The Santa Clara County Cities Association shall appoint three elected city representatives and alternates to serve on the Committee. One representative shall represent the North County Cities of Los Altos, Los Altos Hills, Palo Alto, Mountain View, and Sunnyvale. One representative shall represent the Central County Cities of Campbell, Cupertino, Los Gatos, Milpitas, Monte Sereno, Santa Clara, and Saratoga. One representative shall represent the South County jurisdictions of Gilroy and Morgan Hill. The Town of Los Gatos shall appoint one elected representative and an alternate from their Council to serve on the Committee. The appointees will represent the jurisdictions from the area they represent on all matters that come before the Committee and shall report back to the jurisdictions on issues discussed by the Committee. The SCVWD Board of Directors shall appoint one elected member and an alternate to serve as their representative on the Committee. The following groups shall each appoint a representative and alternate to serve as their representative on the Committee: Santa Clara County Manufacturing Group; Semiconductor Industry Association; a representative for Small Quantity Generators of hazardous waste (i.e. a firm who generates more than 100 kilograms but less than 1000 kilograms of hazardous waste a month); Santa Clara County Fire Chiefs Association; Silicon Valley Toxics Coalition; and the League of Women Voters. Each member of the Committee shall have one vote. 5. COMMITTEE OFFICERS The Board of Supervisors shall select one of its appointees to serve as the Committee Chairperson. The Vice -Chairperson shall be selected from one of the four jurisdictions representatives serving on the Committee. 6. PROGRAM PRIORITIES The Committee will annually establish priorities for the individual work items identified in the Program. Program priorities and specific work elements shall be established by the Committee and approved by the jurisdictions and the County prior to the beginning of the fiscal year for which funding is to be provided. The elements of work to be accomplished in fiscal year 1992-1993 are included in Attachment A "Work Plan and Budget: Santa Clara County Hazardous Materials Advisory Committee". 7. CHANGES IN PROGRAM PRIORITIES AND PROGRAM EVALUATION All changes in Program priorities shall first be approved by the Committee and are subject to funding support by participating jurisdictions and the private sector. In order for a change to be recommended by the Committee, the change must be approved by the affirmative vote of not less than one-half of the members present at a meeting at which there is a quorum. All proposed changes must be in writing and included in the regular Committee agenda packet. 2 Staff will provide the Committee with an annual evaluation and review of work performed. Continuation of the Committee and its work shall be contingent upon financial support from the County and a majority of jurisdictions representing a majority of the population within the county. During the third year, a comprehensive review of the work plan achievements, future activities, evaluation of whether to the Committee should continue to exist, and identification of on -going responsibilities will be conducted. 8. BY-LAWS The Committee shall develop and propose By -Laws. The By -Laws must be approved by the Board of Supervisors and a majority of the jurisdictions representing a majority of the population within the county. 9. STAFFING The County shall provide staff, subject to funding availability, to work on the Program. Staff hired to work on the Program shall allocate their time on Program priorities as established by the Committee. Staff will provide the Committee with verbal monthly Program status reports and a written report on Program progress and expenditures during the second and fourth quarter of the Program. 10. FUNDING Annual funding levels during the next three years (commencing with FY 92-93) for this Program are shown in Attachment B. Town agrees to pay County $ 1,590.00 as its annual funding commitment in support of the Program. Attachment C shows all jurisdiction contributions. 11. TERMINATION This MOU shall terminate upon the occurrence of any of the following: 1) Withdrawal of the Town from the MOU upon giving 90 days written notice to the County. 2) Withdrawal by the County from the MOU upon giving 90 days written notice to Town. In the event of termination, the Town shall receive a prorata refund on that portion of the unexpended funds Town provided to the Program. 12. AMENDMENTS Amendments to the terms or conditions of this MOU shall be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual agreement in writing by the County and a majority of the jurisdictions representing a majority of the population within the county. 3 13. INTEGRATED DOCUMENT This MOU contains the entire agreement between County and Town with respect to the subject matter hereof. No written or oral agreement with any officer, agent, or employee of County or Town prior to execution of this agreement shall affect or modify any of the terms or obligations contained in this MOU. 14. MISCELLANEOUS A. The captions of this MOU are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this MOU. B. All attachments attached hereto and referred to in this MOU are incorporated herein by this reference as if set forth fully herein. IN WITNESS WHEREOF, the parties have authorized this agreement to be executed. "TOWN" "COUNTY" TOWN OF LOS GATOS COUNTY OF SANTA CLARA, a political a municipal corporation subdivision of the State of California David W. Knapp Chairperson, Town Manager Board of Supervisors ATTEST: DONALD M. RAINS, Clerk, Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: Town Attorney Deputy County Counsel 4 ATTACHMENT A WORK PLAN AND BUDGET April 22, 1992 SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE Mission Statement: The purpose of the Santa Clara County Hazardous Materials Advisory Committee is to assist local agencies and industry in effective hazardous materials management, reduction and pollution prevention. The objectives of the Committee are: 1. To reduce hazardous materials use and waste generation, thereby reducing risks to people and the environment. 2. To promote cost-effective hazardous materials management. 3. To maintain the economic viability of the regulated community while meeting hazardous materials management goals. 4. To address priority issues by providing practical solutions to industry and government hazardous materials managers. 5. To monitor and evaluate issues when requested to do so by government agencies. 6. To facilitate the coordination or integration of programs when appropriate, and when agreed to by the responsible jurisdictions. The priorities for the Committee from 1992 through 1994 will be: • Hazardous Waste Reduction ■ Generators of Small Quantities of Hazardous Waste • Streamlining Permitting, Inspection, and Enforce-ent WORKPLAN REVIEW 1. Provide annual evaluation and review to the Committee. 2. All revisions to the Workplan require approval by the Committee and are subject to funding support by participating jurisdictions and industry. 3. During the third year, a comprehensive review of Committee Workplan achievements, future activities, and assignment of on -going responsibilities will be conducted. 1 COMMITTEE INITIATIVES Hazardous Waste Reduction Background Reducing the volumes of hazardous waste generated locally reduces the need for local hazardous waste treatment and disposal facilities. Reducing waste also reduces risks to people and to the environment. Some efforts to reduce waste generated are mistakenly identified as reduction in pollution generation. These efforts may result in a transfer of pollutant discharge from one environmental media to another. Several programs to address hazardous waste currently exist: 1. Major generators must plan for source reduction to comply with state law (SB 14). 2. Local and state agencies collect data on releases of toxics to the various environmental media, and on local waste stream volumes. 3. Cal EPA (Alternative Technology Division) has developed waste minimization studies for various industries. 4. Cal EPA has training programs available to local government and industry. Most training is oriented toward compliance with regulatory requirements rather than pollution prevention. 5. The County conducts some training for local industry in cooperation with community colleges, and the County and jurisdictions conduct training as part of their compliance efforts. Local agency staff obtain information on available techniques on an ad hoc basis through the Bay Area Hazardous Waste Reduction Committee (BAHWRC). Current Issues Information which could be useful in reducing the volume of hazardous waste generated locally is available. However, there is no systematic mechanism to provide information on waste reduction, such as the results of the Cal EPA -funded waste minimization studies, to local waste generators. Proposed Committee Activity 1. Working with local agencies and industry, compile available waste stream data to identify reduction assistance priorities. 2 2. Provide technical assistance on source and waste reduction to companies and agencies contributing to the priority waste streams, including the use of information from SB 14 plans. Technical assistance should be offered through existing education efforts when feasible. Technical assistance will be based on local industry experience and existing Cal EPA -funded waste minimization studies. 3. Identify and publicize successful source and waste reduction efforts by local agencies and industry. 4. Provide guidance for regional hazardous waste activities as appropriate. 5. Evaluate effectiveness of Committee reduction assistance activity and, to the extent possible, quantify waste stream reductions. Examine opportunities to assign issues needing on -going or further consideration for implementation by various jurisdictions. Proposed Budget: $40,000 Generators of Small Quantities of Hazardous Waste Background Numerous regulatory programs affect the hazardous materials management of businesses which generate small quantities of hazardous waste. These include permitting, inspection, and enforcement for hazardous materials storage, use, and disposal. Regulatory agencies with jurisdiction over these generators include local fire departments, city sewage treatment plants, the County Health Department, and regional agencies such as the Bay Area Air Quality Management District (BAAQMD) and the Regional Water Quality Control Board (RWQCB). These agencies focus on ensuring compliance with regulatory requirements. In some cases, such as the local sewage treatment plants and non -point source efforts, programs include hazardous waste reduotion components. There is some education regarding source reduction and waste minimization, such as County programs for particular industries. Current Issues Generators of small quantities of hazardous waste have identified several issues of concern, including: 1. Waste disposal costs are high. 2. Disposal of very small quantities is difficult. 3. Multiple levels of regulation and enforcement exist. 4. New sewage treatment plant requirements and non -point source .programs have increased interest in technical assistance for waste reduction. 3 5. Generators are interested in management assistance independent of regulatory compliance activities. For example, Cal OSHA conducts audits to assist companies in complying with regulatory requirements. Proposed Committee Activity 1. Provide technical assistance through industry -specific workshops on source and waste reduction. As appropriate, coordinate efforts with local trade associations, city and county programs, sewage treatment plants, Santa Clara Valley Non -point source program, educational institutions and other agencies. 2. Provide technical assistance on source and waste reduction by leveraging existing resources: a. Provide links between Cal EPA -funded waste minimization programs and local generators of small quantities. b. Provide links between local large quantity generators and local generators and local generators of small quantities. 3. Determine options for more cost-effective small generator hazardous waste disposal. 4. Work with other agencies and organizations to streamline regulatory processes for generators of small quantities of hazardous waste. 5. Evaluate effectiveness of these initiatives. Quantify results as much as possible. Examine opportunities to assign issues needing on -going or further consideration for implementation by various jurisdictions. Proposed Budget: $105,000 Streamlining Permitting, Inspection, and Enforcement Processes Background Government and industry incur substantial costs to comply with the myriad regulatory requirements. For example, fire departments, POTWs, County Health, and Cal OSHA may all need to inspect the same manufacturing facility each year. Manufacturers must submit separate reports for each of these jurisdictions regularly, even though much of the information needed by each agency is the same. Government agencies have made several attempts to address concerns with the extensive costs incurred by government and industry. These include: 1. The Gilroy Fire Department has combined pre-treatment and hazardous materials inspections for underground storage tanks, hazardous materials storage, toxic gases, and pre-treatment requirements. They have two permit systems and one inspection. The County still addresses hazardous waste. 4 2. The County and Los Gatos have developed a single form for Environmental Health and Fire Department hazardous materials purposes. They are working on incorporating information from other agencies. 3. The Blackstone Project in Massachusetts has developed a program for multi -media inspections, enforcement rooted in waste prevention, and expanded technical assistance. 4. There is a four -County multi -agency, multi -media pilot program underway in Southern California. This program focusses on inspections. We expect a progress report soon. 5. A local Fire Chiefs group attempts to promote the integration of local agencies' activities. Proposed Committee Activity 1. Review programs noted above and identify possible local applications. 2. To the extent possible, encourage of development of standardized permits and inspection forms for use by local and regional agencies. 3. Coordinate local streamlining efforts with SQG and data management efforts. Monitor Cal EPA permit streamlining efforts. 4. Development appropriate recommendations to Cal EPA, the U.S. EPA, and legislative bodies for consideration by participating agencies and industry. 5. Determine effectiveness of streamlining programs to the extent possible. Criteria should include reduced costs for government and industry, reduced delays for permitting, etc. Examine opportunities to assign issues needing on -going or further consideration for implementation by various jurisdictions. Proposed Budget: $71,000 COMMITTEE MONITORING AND OVERSIGHT ACTIVITIES 1. Tanner Committee Work. A. Obtain state approval of the County -wide Tanner Plan. B. Submit revised Plan in 1992, including use of 1990 data in place of 1987 data. C. Verify Town actions to implement Tanner Plan: 1. Track Town adoption of siting process in General Plans or ordinances. 5 2. Assist jurisdictions in developing their facility siting. For example, develop check list of elements, timeframes, etc. for EIR, Risk Assessment, and LAC process. D. Produce an initial and regular status reports on progress in meeting goals of the Tanner Plan. E. Monitor progress in meeting regional Fair Share capacity allocation among participating ABAG jurisdictions. Proposed Budget: $45,000 2. Household Hazardous Waste A. Monitor progress of household hazardous waste program. B. Initiate County -wide public education component in coordination with other local efforts. All public education activities will build on and not duplicate any local efforts. C. Evaluate siting of permanent drop-off locations and investigate alternative service delivery options. D. Identify measures of program effectiveness, and evaluate program based on those measures. Proposed Budget: $20,000 3. Oversee SCVWD Well -Head Protection Program A. Serve as the Oversight Committee for the Santa Clara Valley Well -Head Protection Program (see attached Workplan). Review and comment on proposed Well -Head protection issues'. Recommend appropriate hazardous materials management practices to protect sensitive regions of the groundwater basin. Proposed Budget: $6,000 4. Data Management A. The Committee work will result in the creation of a database comprised of information from existing sources. The database can be used to develop a variety of reports and to analyze a number of issues. The Committee may be able to provide assistance. Potential products include the development of a multi -media environmental index, linking the information with the Wellhead Protection database, providing public access to the multiple data sources which can provide a composite picture of each firm's progress in waste reduction, developing potential routes for route service haulers servicing SQG's, and identifying potential cross -media transfers that may be occurring. Proposed Budget: $35,000 6 5. Monitor hazardous materials legislation and regulations A. Monitor proposed regional, state and federal legislation and regulations (e.g. track BAAQMD regulations regarding CFC's). Facilitate sharing of analysis conducted by agencies, industry and other interested parties. B. Identify issues requiring legislation and regulation. C. Provide a forum for discussion, consensus building, and referral for action to individual jurisdictions. Proposed Budget: $6,000 6. Provide additional monitoring and referral services as necessary A. Serve as a forum for local issues related to hazardous materials management; refer to appropriate institutions when possible. B. Inform interested parties about activities related to Committee activities. Proposed Budget: $22,000 7. Institutional structure for Tong -term toxics policy and planning within Santa Clara County A. Evaluate effectiveness of Committee work in dealing with issues related to hazardous materials. Examine existing lines of communication and referral network for hazardous materials management. Develop recommendations for institutional structure for long-term toxics policy and planning. B. See "Work Plan Review", item 3. Proposed Budget: $10,000 7 ATTACHMENT B SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE PROPOSED ANNUAL CONTRIBUTION COUNTY $180,000 PRIVATE SECTOR* 90,000 JURISDICTIONS 45,000 S.C.V. WATER DISTRICT 45,000 $360,000 * Private Sector contribution to be in -kind goods and services 8 ATTACHMENT C SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE ANNUAL FINANCIAL CONTRIBUTION BY JURISDICTIONS* JURISDICTIONS BASE SHARE HAZ. WASTE SHARE TOTAL CAMPBELL 1,500 65 1,565 CUPERTINO 1,500 450 1,950 G I LROY 1,500 900 2,400 LOS ALTOS 1,500 0 1,500 LOS ALTOS HILLS 1,500 0 1,500 LOS GATOS 1,500 90 1,590 M I LPITAS 1,500 1,060 2,560 MONTE SERENO 1,500 0 1,500 MORGAN HILL 1,500 25 1,525 MOUNTAIN VIEW 1,500 855 2,355 PALO ALTO 1,500 925 2,425 SAN JOSE 1,500 11,540 13,040 SANTA CLARA 1,500 3,870 5,370 SARATOGA 1,500 0 1,500 SUNNYVALE 1,500 2, 720 4, 220 TOTAL $22,500 $22,500 $45,000 * The formula used to allocate jurisdictions contributions is the same as that used to fund the current Tanner Program. The "base share" is divided equally among the 15 jurisdictions and the "hazardous waste share"' is based on the amount of hazardous waste shipped off site from each jurisdictions. The data source is the 1989 Manifest information from the State Department of Toxics Substances Control. C24 \AGREEMEN \HAZARD . C0 Rev. 9/17/92 RESOLUTION 1992-181 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS CONCERNING SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMTI I E WHEREAS, the Tanner Advisory Committee has developed and begun implementation of a State required County -wide Hazardous Waste Management Plan ; and WHEREAS, the County of Santa Clara ("County"), together with the cities within the County are contributing financial resources to implement a three-year work plan ("Program") for hazardous materials management; and WHEREAS, the Memorandum of Understanding ("MOU") is supported by the City Manager's Association and the Santa Clara County Cities Association, and approved by the Santa Clara County Board of Supervisors; and WHEREAS, the MOU establishes the rights and responsibilities of the County and the Town of Los Gatos with respect to implementation of the program and specifies each participant's financial commitment. WHEREAS, The MOU creates the Santa Clara County Hazardous Materials Advisory Committee to replace the Tanner Advisory Committee; CSD08:A:\RESOS\CS100592.181 -1- NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVES that the Town Manager is authorized to execute the MOU with the Santa Clara County Hazardous Materials Advisory Committee (attached as Exhibit A), effective for a three-year term beginning July 1, 1992. The MOU may be extended for successive periods upon written agreement between County and Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of October, 1992, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura NAYES: None. ABSENT: Mayor Eric D. Carlson ABSTAIN: None. SIGNED: /s/ Joanne Benjamin VICE -MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CSD08:A:\RESOS\CS100592.181 -2- MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS CONCERNING SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMII"1'hE This Memorandum of Understanding is made and entered into this , 1992, by and between the County of Santa Clara ("County"), day of subdivision of the State of California, and the Town of Los Gatos ('Town"), a municipal corporation of the State of California. 1. PURPOSE The County of Santa Clara ("County"), together with the jurisdictions within the County are contributing financial resources to commence work on a three year work plan ("Program") for hazardous materials management as developed by the Tanner Advisory Committee, supported by the City Manager's Association and the Santa Clara County Cities Association, and approved by the Santa Clara County Board of Supervisors ("Board"). This Memorandum of Understanding ("MOU") will establish the rights and responsibilities of the County and Town of Los Gatos ("Town") with respect to implementation of the work plan and specifies each participants financial commitment. This MOU will also create the Santa Clara County Hazardous Materials Advisory Committee, herein after, "Committee". The Committee shalLbe advisory to the County and Town in developing annual program priorities and overseeing program implementation. The Committee and the Program (see Attachment A) will become operative when there is financial participation at the levels shown in Attachment B by the County of Santa Clara, the Santa Clara Valley Water District and a majority of the jurisdictions representing a majority of the population in the county. 2. TERM OF MOU This MOU shall be effective for a three (3) year term beginning July 1, 1992. The MOU may be extended for successive periods upon written agreement between County and Town. 3. ROLE OF COUNTY The County shall be responsible for implementing the three year work plan which addresses hazardous materials issues in Santa Clara County. The County shall provide staffing and related support necessary to implement the Program. 4. REPRESENTATION ON ADVISORY COMMITTEE The Santa Clara County Board of Supervisors shall appoint two of its members of the Board to serve on the Committee. 1 The Santa Clara County Cities Association shall appoint three elected city representatives and alternates to serve on the Committee. One representative shall represent the North County Cities of Los Altos, Los Altos Hills, Palo Alto, Mountain View, and Sunnyvale. One representative shall represent the Central County Cities of Campbell, Cupertino, Los Gatos, Milpitas, Monte Sereno, Santa Clara, and Saratoga. One representative shall represent the South County jurisdictions of Gilroy and Morgan Hill. The Town of Los Gatos shall appoint one elected representative and an alternate from their Council to serve on the Committee. The appointees will represent the jurisdictions from the area they represent on all matters that come before the Committee and shall report back to the jurisdictions on issues discussed by the Committee. The SCVWD Board of Directors shall appoint one elected member and an alternate to serve as their representative on the Committee. The following groups shall each appoint a representative and alternate to serve as their representative on the Committee: Santa Clara County Manufacturing Group; Semiconductor Industry Association; a representative for Small Quantity Generators of hazardous waste (i.e. a firm who generates more than 100 kilograms but less than 1000 kilograms of hazardous waste a month); Santa Clara County Fire Chiefs Association; Silicon Valley Toxics Coalition; and the League of Women Voters. Each member of the Committee shall have one vote. 5. COMMITTEE OFFICERS The Board of Supervisors shall select one of its appointees to serve as the Committee Chairperson. The Vice -Chairperson shall be selected frorii'one of the four jurisdictions representatives serving on the Committee. 6. PROGRAM PRIORITIES The Committee will annually establish priorities for the individual work items identified in the Program. Program priorities and specific work elements shall be established by the Committee and approved by the jurisdictions and the County prior to the beginning of the fiscal year for which funding is to be provided. The elements of work to be accomplished in fiscal year 1992-1993 are included in Attachment A "Work Plan and Budget: Santa Clara County Hazardous Materials Advisory Committee". 7. CHANGES IN PROGRAM PRIORITIES AND PROGRAM EVALUATION All changes in Program priorities shall first be approved by the Committee and are subject to funding support by participating jurisdictions and the private sector. In order for a change to be recommended by the Committee, the change must be approved by the affirmative vote of not less than one-half of the members present at a meeting at which there is a quorum. All proposed changes must be in writing and included in the regular Committee agenda packet. 2 Staff wi1I provide ide the Committee from the of the Committee withdwithi County and an annual evaluation and achievements, Y of jurisdiction be review of nts, County ore During the contingent work Performer exist, and identification third year, s representing a upon financial etification of ' evaluation a comprehensive majority of SUPPor 8. BY-LAWS on -going responsibilities esponsibilit ewhesek,ll the Committee of the P°Pula of mmitte should work Par. ] be conducted, u]d continue to The Committee shall the Board develop Population withiSupervisors lde and a and propose By -Laws. The 9, county majority of the jurisdictions representing be approve STAFFING jng a m d by The majority of the Staff hired County shall provide staff, established to work °n the Program subject to the shall funding availability, St f f stabs workrepon theCommittee. will allocate their to work on coed and fourth and a written to ll Provide time on Program the Program. urth quarter Port on Program Committee Priorities as of the program with verbal 10. FUNDING ogram progress and expenditures s during Annual funding levels ProgramBurin funding shown in Attachment the next three COntributonsmitment in support ment B. Tow years (commencing with 92j this 11. TERMINATION ° the Program, Attachment $ I , 5�0 as� S for RMINATI�N C shows all jurisdictionThMO U shall terminate. • upon the occurrence of 1) Withdraw notice to the al of the any of the following; County. Town from the MOU upon 2) With giving 90 days written Town, my from the MOU upon In the event giving 90 unexpended of termination, the days written funds Town provided ownto thhaProgram. r 12. AMENDMENTS a prorata refund on that DMEN'I'Sportion of the Amendments t ` party desiring ° the terms or conditions of this MO a agreement in writing and any such U shall be re majority iofn the hamendments, population by the amend guested within the and meat shall in writing by the a majority be effective only. upon the 13. INTEGRATED DOCUMENT with respect to the and Town or employee agreement between County officer, agent, agreement with any anyof the This ct matter contains f. No entire or oral ag subject hereof. •on of this agreement shall affect or mode of County or Town prior to execute terms or obligations contained in this MOU. 14. and the words in modify, amplify, or aid in thes d. • MOU are for convenience reference only, A The captions of thisbe held to explain, 'n shall in no way of provisions of this MO interpretation, n or me orate interpretation, in this hereto and referred to in B. All attachments if set o U. • this reference � his agreement to be execute IN WITNESS WHEREOF, the parties have authorized MISCELLANEOUS aping o d constructio , MOU are incorporated attachedforth fully he herein by t „TOWN„ TOWN OF LOS GATOS a municipal corporation David W Knapp Town Manager APPROVED AS TO FOR/Nit:. TomAttorney "COUNTY" COUNT' OF SANTA CLA a political subdivision of the State of California Chairperson, Board of Supervisors ATTEST: DONALD M. RAINS, Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Deputy County Counsel • management, IS to assist Bement, reduction The objectives of does materials ATTACHMENT A WORK PLAN 22, I199 BUDGET 2 HAZARDOUS SANTA CLq MATERIALS A COUNTY Mission ADVISORY COMMITTEE Co Statement: Th t bcale ose °f the Santa agencies of the and Clara County in Hazardous and pollution the Committee are: 1 . To reduce People and the hazardous materials environment. use and waste 2. generation, thereby To promote cost-effective reducing 9 risks to 3. hazardous materials To maintain the management. hazardous economic gement. materials viability of the 4' To address management goals. regulated community hazardous materials Priority issues b � while meeting materials y providing practical solutions to industry5. and government evaluate issues when requested t 6. To facilitate the c agreed to b coordination to do so by govern Y the responsible jurisdictions. of programs ro ra government agencies. jurisdictions. 9 ms when appropriate, and when The priorities for the Committee from 1992 through 1994 Hazardous Waste will be: Generators aste Reduction Generators Streamliningof Small Quantities o f Hazardous Permitting, ndEnfWaste WORKPLAN REVIEW Inspection, and Enforcement b • 1. 2. fundingWorkplan 3. support e Worparticipatingl require approval by the Co During the third coons and industry. Committee and future Year, are subject to activities, and' a comprehensive review eview of Co assignment of on -going responsibilities w ill be n achieve will be conducted. acted. Provide annual evaluation and review to the Committee. COMMITTEE INITIATIVES Hazardous Waste Reduction Background_ waste generated locally reduces lo eeneed dsfo sks to disposal facilities. Reducing waste r local Reducing the volumes of hazardous its to reduce waste generated are mistakenly hazardous waste treatment and lisp n These efforts may generated in a mistakenly of people dna r the Lioenn i npollution ° lution generat. Some tiio another. identified as reduction P pollutant discharge from one environmental media to Several pg exist: ro rams to address hazardous waste currently with state law (SB 14). tors must plan for source reduction to comp Y s to the various 1 Mal 9e agencies collect data on releases of toxic 2. Locaa l and state environm ental media, and on local waste stream volumes. minimization studies 3. Cal EPA (Alternative Technology Division) has developed waste government and industry. Most for various industries. 4. Cal EPA has training programs available tnce o local atory requirements rather than training is oriented toward comp pollution prevention. _ in cooperation with community The County and ducts Counte y and for local industryas art oft with compliance 5- the County jurisdictions conduct trainingp colleges, and efforts. Lion on available techniques uAHWRC) °C bans Local agency staff obtain informs 6. BayArea Hazardous Waste Reduction Committee through the the volume of hazardous waste generated Current Issues systematic the iv fume of h to provide information on Information ison which could bMerle srnou ysg cha waste minimization o matb n n waste available. However, waste o reduction, such as the results of the Cal EPA -funded local waste generators. Pro•osed Committee Activi 1. Working with localcompile available waste stream data to agencies and industry, identify reduction assistance priorities. 2. Provide technical assistance on source and waste reduction to companies and agencies contributing to the priority waste streams, including the use of information from SB 14 plans. Technical assistance should be offered through existing education efforts when feasible. Technical assistance will be based on local industry experience and existing Cal EPA -funded waste minimization studies. 5. Evaluate effectiveness of Committee reduction assistance activity and, to the extent possible, quantify waste stream reductions. Examine opportunities to assign issues needing on -going or further consideration for implementation by various jurisdictions. Proposed Budget: $40,000 Generators of Small Quantities of Hazardous Waste Background 3. Identify and publicize successful source and waste reduction efforts by local agencies and industry. 4. Provide guidance for regional hazardous waste activities as appropriate. Numerous regulatory programs affect the hazardous materials management of businesses which generate small quantities of hazardous waste. These include permitting, inspection, and enforcement for hazardous materials storage, use, and disposal. Regulatory agencies with jurisdiction over these generators include local fire departments, city sewage treatment plants, the County Health Department, and regional agencies such as the Bay Area Air Quality Management District (BAAQMD) and the Regional Water Quality Control Board (RWQCB). These agencies focus on ensuring compliance with regulatory requirements. In some cases, such as the local sewage treatment plants and non -point source efforts, programs include hazardous waste reduction components. There is some education regarding source reduction and waste minimization, such as County programs for particular industries. Current Issues Generators of small quantities of hazardous waste have identified several issues of concern, including: 1. Waste disposal costs are high. 2. Disposal of very small -quantities is difficult. 3. Multiple levels of regulation and enforcement exist. 4. New sewage treatment plant requirements and non -point source .programs have increased interest in technical assistance for waste reduction. 3 5. Generators are interested in management assistance independent of regulatory compliance activities. For example, Cal OSHA conducts audits to assist companies in complying with regulatory requirements. Proposed Committee Activity 1. Provide technical assistance through industry -specific workshops on source and waste reduction. As appropriate, coordinate efforts with local trade associations, city and county programs, sewage treatment plants, Santa Clara Valley Non -point source program, educational institutions and other agencies. 2. Provide technical assistance on source and waste reduction by leveraging existing resources: a. Provide links between Cal EPA -funded waste minimization programs and local generators of small quantities. b. Provide links between local large quantity generators and local generators and local generators of small quantities. 3. Determine options for more cost-effective small generator hazardous waste disposal. 4. Work with other agencies and organizations to streamline regulatory processes for generators of small quantities of hazardous waste. 5. Evaluate effectiveness of these initiatives. Quantify results as much as possible. Examine opportunities to assign issues needing on -going or further consideration for implementation by various•jurisdictions. � ` Proposed Budget: $105,000 Streamlining Permitting, Inspection, and Enforcement Processes Background Government and industry incur substantial costs to comply with the myriad regulatory requirements. For example, fire departments, POTWs, County Health, and Cal OSHA may all need to inspect the same manufacturing facility each year. Manufacturers must submit separate reports for each of these jurisdictions regularly, even though much of the information needed by each agency is the same. Government agencies have made several attempts to address concerns with the extensive costs incurred by government and industry. These include: 1. The Gilroy Fire Department has combined pre-treatment and hazardous materials inspections for underground storage tanks, hazardous materials storage, toxic gases, and pre-treatment requirements. They have two permit systems and one inspection. The County still addresses hazardous waste. 4 2. The County and Los Gatos have developed a single form for Environmental Health and Fire Department hazardous materials purposes. They are working on incorporating information from other agencies. 3. The Blackstone Project in Massachusetts has developed a program for multi -media inspections, enforcement rooted in waste prevention, and expanded technical assistance. 4. There is a four -County multi -agency, multi -media pilot program underway in Southern California. This program focusses on inspections. We expect a progress report soon. 5. A local Fire Chiefs group attempts to promote the integration of local agencies' activities. Proposed Committee Activity 1. Review programs noted above and identify possible local applications. 2. To the extent possible, encourage of development of standardized permits and inspection forms for use by local and regional agencies. 3. Coordinate local streamlining efforts with SQG and data management efforts. Monitor Cal EPA permit streamlining efforts. 4. Development appropriate recommendations to Cal EPA, the U.S. EPA, and legislative bodies for consideration by participating agencies and industry. 5. Determine effectiveness of streamlining programs to the extent possible. Criteria should include reduced costs for government and industry, reduced delays for permitting, etc. Examine opportunities to assign issues needing on -going or further consideration for implementation by various jurisdictions. Proposed Budget: $71,000 COMMITTEE MONITORING AND OVERSIGHT ACTIVITIES 1. Tanner Committee Work. A. Obtain state approval of the County -wide Tanner Plan. B. Submit revised Plan irr 1992, including use of 1990 data in place of 1987 data. C. Verify Town actions to implement Tanner Plan: 1. Track Town adoption of siting process in General Plans or ordinances. 5 2. Assist jurisdictions in developing their facility siting. For example, develop check list of elements, timeframes, etc. for EIR, Risk Assessment, and LAC process. D. Produce an initial and regular status reports on progress in meeting goals of the Tanner Plan. E. Monitor progress in meeting regional Fair Share capacity allocation among participating ABAG jurisdictions. Proposed Budget: $45,000 2. Household Hazardous Waste A. Monitor progress of household hazardous waste program. B. Initiate County -wide public education component in coordination with other local efforts. All public education activities will build on and not duplicate any local efforts. C. Evaluate siting of permanent drop-off locations and investigate alternative service delivery options. D. Identify measures of program effectiveness, and evaluate program based on those measures. Proposed Budget: $20,000 3. Oversee SCVWD Well -Head Protection Program A. Serve as the Oversight Committee for the Santa Clara Valley Well -Head Protection Program (see attached Workplan)., Review and comment on proposed Well -Head protection issues. Recommend appropriate hazardous materials management practices to protect sensitive regions of the groundwater basin. Proposed Budget: $6,000 4. Data Management A. The Committee work will result in the creation of a database comprised of information from existing sources. The database can be used to develop a variety of reports and to analyze a number of issues. The Committee may be able to provide assistance. Potential products inolude the development of a multi -media environmental index, linking the information with the Wellhead Protection database, providing public access to the multiple data sources which can provide a composite picture of each firm's progress in waste reduction, developing potential routes for route service haulers servicing SQG's, and identifying potential cross -media transfers that may be occurring. Proposed Budget: $35,000 6 5. Monitor hazardous materials legislation and regulations A. Monitor proposed regional, state and federal legislation and regulations (e.g. track BAAQMD regulations regarding CFC's). Facilitate sharing of analysis conducted by agencies, industry and other interested parties. B. Identify issues requiring legislation and regulation. C. Provide a forum for discussion, consensus building, and referral for action to individual jurisdictions. Proposed Budget: $6,000 6. Provide additional monitoring and referral services as necessary A. Serve as a forum for local issues related to hazardous materials management; refer to appropriate institutions when possible. B. Inform interested parties about activities related to Committee activities. Proposed Budget: $22,000 7. Institutional structure for long-term toxics policy and planning within Santa Clara County A. Evaluate effectiveness of Committee work in dealing with issues related to hazardous materials. Examine existing lines of communication and referral network for hazardous materials management. Develop recommendations for institutional structure for long-term toxics policy and planning. B. See "Work Plan Review", item 3. Proposed Budget: $10,000 7 ATTACHMENT B SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE PROPOSED ANNUAL CONTRIBUTION COUNTY $180,000 PRIVATE SECTOR* 90,000 JURISDICTIONS 45,000 S.C.V. WATER DISTRICT 45,000 $360,000 * Private Sector contribution to be in -kind goods and services 8 ATTACHMENT C SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE ANNUAL FINANCIAL CONTRIBUTION BY JURISDICTIONS* JURISDICTIONS BASE SHARE HAZ. WASTE SHARE TOTAL CAMPBELL 1,500 5 CU PERTI NO 1,500 61,565 GILROY 450 1 950 1,500 900 2,400 LOS ALTOS 1,500 0 LOS ALTOS HILLS 1,500 1,500 LOS GATOS 0 1, 590 1, 500 90 1,590 MILPITAS 1,500 1,060 MONTE SERENO 1,5002,560 MORGAN HILL 0 1,500 1, 500 25 1,525 MOUNTAIN VIEW 1,500 855 PALO ALTO 1,500 2,4 SAN JOSE 925 2,425 5 1, 500 11,540 13,040 SANTA CLARA 1,500 3,870 SARATOGA 1,500 1,500 0 SUNNYVALE 220 1.500 2,720 4,220 TOTAL $22,500 $22, 500 $45,000 * The formula used to allocate jurisdictions contributions is the same as that used to fund the current Tanner Program. The "base share" is divided equally among the 15 jurisdictions and the "hazardous waste share"' is based on the amount of hazardous waste shipped off site from each jurisdictions. The data source is the 1989 Manifest information from the State Department of Toxics Substances Control. C24\AGREEMEN\HAZARD,Co Rev. 9/17/92 9 October 5, 1992 Los Gatos, California LIBRARY/AUTOMATED SYSTEM/REQUEST FOR PROPOSAL (06.44) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council issue request for proposal to purchase an automated library system for the Town. Carried by a vote of 4 ayes. Mayor Carlson absent. INSURANCE/PROPERTY COVERAGE/ABAG PLAN (07.12) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize Town participation in the ABAG property insurance program. Carried by a vote of 4 ayes. Mayor Carlson absent. HAZARDOUS MATERIALS/SANTA CLARA COUNTY/MOU/RESOLUTION 1992-181 (08.07) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-181 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS CONCERNING SANTA CLARA COUNTY HAZARDOUS MATERIALS ADVISORY COMMITTEE. Carried by a vote of 4 ayes. Mayor Carlson absent. MANAGER/LETTER OF AGREEMENT/RESOLUTION 1992-182 (09.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-182 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried by a vote of 4 ayes. Mayor Carlson absent. HOUSEHOLD HAZARDOUS WASTE/COLLECTION PROGRAM/RESOLUTION 1992-183 (10.07) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-183 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Carried by a vote of 4 ayes. Mayor Carlson absent. CHAMBER ORCHESTRA/COMMUNITY SERVICES/RESOLUTION 1992-184 (11.19) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-184 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COMMUNITY SERVICES AGREEMENT FOR YEAR 1992-93 WITH THE LOS GATOS CHAMBER ORCHESTRA. Carried by a vote of 4 ayes. Mayor Carlson absent. MARIA'S BERRY FARM BUILDING/TOWN OFFICE/RESOLUTION 1992-185 (12.44) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1992-185 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE FORMER BERRY FARM BUILDING AS AN OFFICIAL TOWN OFFICE. Carried by a vote of 4 ayes. Mayor Carlson absent. TC;D4:MM100592 2