Item 1 Staff Report Adopt Resolution Clarifying Agencies Responsible for Administration and Enforcement of Hazadous Material Statues and OrdinancesCOUNCIL AGENDA
DATE: 3/23/92
ITEM NO. /
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: MARCH 20, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: KATHERINE ANDERTON, TOWN ATTORNEY —
SUBJECT: ADOPT RESOLUTION CLARIFYING AGENCIES RESPONSIBLE FOR ADMINISTRATION
AND ENFORCEMENT OF HAZARDOUS MATERIAL STATUES AND ORDINANCES
RECOMMENDATION:
Adopt the attached resolution clarifying the responsibilities and relationships of the Santa Clara
County Central Fire District and the Town of Los Gatos in administering and enforcing State statutes and
local ordinances governing the storage and response to unauthorized discharges of hazardous materials.
BACKGROUND:
In 1983, the Town adopted an ordinance to regulate storage of hazardous materials. This enactment
preserved local control and regulation which otherwise would have been assumed by the County or the
State. At that time the Town designated the Santa Clara County Central Fire District as an agency charged
with administration and enforcement of its ordinances.
In 1990, the Town passed a resolution once again designating the Santa Clara County Central Fire
District as an agency charged with administration and enforcement of Chapter 6.7 of the California Health
& Safety code. The Town has recently enacted revisions and amendments to its ordinances consistent with
current state statute. The Town also recently appointed the Assistant Town Manager as an enforcing officer
for purposes of assisting with implementation of the Town's ordinances.
In the course of co-operative enforcement efforts related to the hazardous material contamination
of Parking Lot 4, Town and Fire District staff have determined that clarification of roles and responsibilities
is desirable.
(Continued on Page 2)
PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY
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Attachments: Resolution for adoption
3/20/92 10:43 am
File #
Distribution: Chief Doug Sporleder, S. C. Co. Central Fire Protection District, 14700 Winchester Blvd.,
Los Gatos, CA 95030-1818
Reviewed by:
Manager Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION CLARIFYING AGENCIES RESPONSIBLE FOR ADMINISTRATION AND
ENFORCEMENT OF HAZARDOUS MATERIAL STATUES AND ORDINANCES
March 20, 1992
DISCUSSION:
The attached resolution indicates that as the Town's designated agency the Fire District acts as
agent for the Town and has power co -extensive with that of the Office of the Town Manager for
administration and enforcement of the State statutes (H&S Code Chapter 6.7, 6.75, and 6.9), and Town
ordinances (Article II of Chapter 19 of the Town Code). The office of the Town Manager has been and
continues to be authorized to exercise this authority whenever necessary or convenient to accomplish the
purposes of these statues and ordinances. The resolution also clarifies that the Town attorney's office will
assist with related judicial enforcement consistent with the provisions of Health & Safety Code Section
25299.01, and provide any necessary legal defense of the Fire District for claims arising in connection with
its activities administering and enforcing these statutes and ordinances.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CLARIFYING THAT ITS DESIGNATION OF THE SANTA CLARA COUNTY
CENTRAL FIRE PROTECTION DISTRICT AS AN AGENCY
RESPONSIBLE FOR ADMINISTERING AND ENFORCING
CHAPTERS 6.7, 6.75, AND 6.95 OF THE HEALTH & SAFETY CODE
AND ARTICLE II OF CHAPTER 13 IS
COEXTENSIVE WITH THE POWERS OF THE OFFICE OF
THE TOWN MANAGER TO PERFORM SUCH RESPONSIBILITIES
WHEREAS the Town has regulated the underground storage of hazardous substances
in its jurisdiction since adoption of its Hazardous Materials Storage Permit Ordinance on
July 18, 1983, and has designated the Santa Clara County Central Fire Protection District
to administer and enforce said ordinance; and
WHEREAS the Town has exclusive jurisdiction over implementation of the
requirements of Chapters 6.7of the California Health & Safety Code, the State's program
for regulating the underground storage of hazardous substances; and
WHEREAS the Town also has jurisdiction over implementation of the requirements
of Chapters 6.75 and 6.95 of the California Health & Safety Code, the State's programs
for response to unauthorized discharges from Petroleum underground storage tanks, and
hazardous materials management plans; and
WHEREAS the Town has designated the Santa Clara County Central Fire Protection
District as an agency responsible for implementing Chapter 6.7 and 6.95 of the California
Health & Safety Code and the Town's Hazardous Materials Ordinance (Chapter 13, Article
II); and
WHEREAS the Town wishes to clarify the roles, relationships and responsibilities
of the Santa Clara County Central Fire Protection District and the Town regarding
administration of Chapters 6.7, 6.75 and 6.95 of the California Health & Safety Code and
Article II of Chapter 13 of the Town Code;
BE IT RESOLVED that the office of the Town Manager has had and continues to
have authority as an enforcing officer and a "local agency" coextensive with that delegated
to the Santa Clara County Fire Protection District for administration and enforcement of
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Chapter 6.7, 6.75 and 6.95 of the California Health & Safety Code and Article II of Chapter
13 of the Town Code; and the Office of the Town Manager continues to be authorized to
exercise this authority whenever necessary or convenient to accomplish the purposes of
these statutes and ordinances.
FURTHER RESOLVED THAT all administration and enforcement by the Santa
Clara County Central Fire Protection District of these statutes and ordinances is as agent
of the Town of Los Gatos which has and shall continue to provide legal representation and
judicial enforcement, where necessary, and legal defense of the Santa Clara County Central
Fire Protection District acting in its official capacity for these specified purposes.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of by the following
vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
March 23, 1992
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers
of the Town Hall, 110 East Main Street, at 7:34 p.m., Monday, March 23, 1992, in regular
session.
ROLL CALL
Present: Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura and Mayor Eric D. Carlson.
Absent: None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
HAZARDOUS WASTES/STORAGE/RESPONSIBILITIES/RESOLUTION 1992-50 (01.07)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-50
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CLARIFYING THAT ITS
DESIGNATION OF THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION
DISTRICT AS AN AGENCY RESPONSIBLE FOR ADMINISTERING AND ENFORCING
CHAPTER 6.7, 6.75, AND 6.95 OF THE HEALTH & SAFETY CODE AND ARTICLE II OF
CHAPTER 13 IS COEXTENSIVE WITH THE POWERS OF THE OFFICE OF THE TOWN
MANAGER TO PERFORM SUCH RESPONSIBILITIES. Carried unanimously.
TOWN PROPERTY/BENICIA, CALIFORNIA/APPRAISAL/RESOLUTION 1992-51 (02.44)
Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1992-51
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO CONTRACT WITH A REAL ESTATE AGENT AND APPRAISER FOR THE SALE OF
TOWN OWNED PROPERTY LOCATED AT 817 WEST I STREET IN BENICIA, CALIFORNIA.
Carried unanimously.
PARKING LOT 4/REMEDIATION/ENVIRONMENTAL HEALTH RESEARCH & TESTING (03.35)
Motion by Mr. Ventura, seconded by Mr. Attaway, that staff proceed forward with construction
of Parking Lot 4 without soil remediation by Environmental Health Research and Testing as
previously contemplated. Carried unanimously. No action was taken on resolution to authorize
the Town Manager to execute agreement with EHRT for remediation.
TC: D3: M M032392
RESOLUTION 1992-50
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CLARIFYING THAT ITS DESIGNATION OF THE SANTA CLARA COUNTY
CENTRAL FIRE PROTECTION DISTRICT AS AN AGENCY
RESPONSIBLE FOR ADMINISTERING AND ENFORCING
CHAPTERS 6.7, 6.75, AND 6.95 OF THE HEALTH & SAFETY CODE
AND ARTICLE II OF CHAPTER 13 IS
COEXTENSIVE WITH THE POWERS OF THE OFFICE OF
THE TOWN MANAGER TO PERFORM SUCH RESPONSIBILITIES
WHEREAS the Town has regulated the underground storage of hazardous substances
in its jurisdiction since adoption of its Hazardous Materials Storage Permit Ordinance on
July 18, 1983, and has designated the Santa Clara County Central Fire Protection District
to administer and enforce said ordinance; and
WHEREAS the Town has exclusive jurisdiction over implementation of the
requirements of Chapters 6.7of the California Health & Safety Code, the State's program
for regulating the underground storage of hazardous substances; and
WHEREAS the Town also has jurisdiction over implementation of the requirements
of Chapters 6.75 and 6.95 of the California Health & Safety Code, the State's programs
for response to unauthorized discharges from Petroleum underground storage tanks, and
hazardous materials management plans; and
WHEREAS the Town has designated the Santa Clara County Central Fire Protection
District as an agency responsible for implementing Chapter 6.7 and 6.95 of the California
Health & Safety Code and the Town's Hazardous Materials Ordinance (Chapter 13, Article
II); and
WHEREAS the Town wishes to clarify the roles, relationships and responsibilities
of the Santa Clara County Central Fire Protection District and the Town regarding
administration of Chapters 6.7, 6.75 and 6.95 of the California Health & Safety Code and
Article II of Chapter 13 of the Town Code;
BE IT RESOLVED that the office of the Town Manager has had and continues to
have authority as an enforcing officer and a "local agency" coextensive with that delegated
to the Santa Clara County Fire Protection District for administration and enforcement of
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Chapter 6.7, 6.75 and 6.95 of the California Health & Safety Code and Article II of Chapter
13 of the Town Code; and the Office of the Town Manager continues to be authorized to
exercise this authority whenever necessary or convenient to accomplish the purposes of
these statutes and ordinances.
FURTHER RESOLVED THAT all administration and enforcement by the Santa
Clara County Central Fire Protection District of these statutes and ordinances is as agent
of the Town of Los Gatos which has and shall continue to provide legal representation and
judicial enforcement, where necessary, and legal defense of the Santa Clara County Central
Fire Protection District acting in its official capacity for these specified purposes.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 23rd day of March, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura, Mayor Eric D. Carlson
NAYS:
ABSENT:
ABSTAIN:
SIGNED: /s/ Eric D. Carlson
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
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