1995-132-Execute The First Amendment To The Memorandum Of Understanding Between The County Of Santa Clara And The Town Concerning Santa Clara County Hazardous Materials Advisory CommitteeRESOLUTION 1995 -132
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
FIRST AMENDMENT TO THE 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;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVES that the Town Manager is authorized to execute the First
Amendment to the Memorandum Of Understanding (MOU) with the Santa Clara County
Hazardous Materials Advisory Committee (attached as Exhibit A), effective for a three -year term
(1995 -1998) beginning July 1, 1995. 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 18th day of September, 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED: 0G"
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
U
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
FIRST AMENDMENT TO AGREEMENT
This is the first amendment to that certain Agreement among the
TUWN of - -1.0 GATn4 , (City) and the County of Santa
Clara (County) entitled MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATUS
CONCERNING HAZARDOUS MATERIALS ADVISORY COMMITTEE (Agreement),
entered into on June 23, 1992.
The parties agree that:
1. Said agreement is amended as follows:
A. Section 1, PURPOSE: Attachment A to the Agreement is
amended in full as set forth in Attachment A hereto.
Attachment B to the Agreement is amended in full as set forth
in Attachment B hereto.
B. Section 2, TERM OF MOU: The beginning date shall be amended
from July 1, 1992 to July 1, 1995.
C. Section 6, PROGRAM PRIORITIES: The last sentence is amended
in full to read: "The elements of work to be accomplished in
fiscal year 1995 -1996 are included in Attachment A
"PROPOSED HMAC ACTIVITIES, Fiscal Years 1995 - 1996."
D. SECTION 10, FUNDING: The first sentence is amended in full to
read: "Annual funding levels during the next three years
(commencing with FY95 -96) for this Program are shown in
Attachment B ". Attachment C to the Agreement is amended in
. full as set forth in Attachment C hereto.
2. Except as
amended herein,
all
the terms
and conditions of said
agreement
shall remain in
full
force and
effect.
3. The effective date of this amendment is July 1, 1995.
WHEREFORE the parties, through their duly authorized
representatives, have entered into this amendment to agreement on the
dates shown below:
COUNTY OF SANTA CLARX Santa Clara Valley Water District
Chairperson
Board of Supervisors
Date
ATTEST:
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY
Deputy\'County Counsel
Chairperson
Board of Directors
Date:
Clerk, Board of Directors
APPROVED AS TO FORM:
SCVWD Attorney
a
PROPOSED HMAC ACTIVITIES
& ANNUAL BUDGET
Fiscal Year 1995 -1996
ACTIVITY BUDGET
Industry Specific Pollution PiL-veltionTechrucal Assist $100,000
Regulatory Streamlining and Compliance Assistance $55,000
Small Quantity Generators Targeted Assistance Project $40,000
Environmental Database $35,000
Incentive Prog7anis $12,500
Local & Regional Pollution Prevention Policy Development $12,500
Pollution Prevention for Government, Schools & Public $7,500
Multi-Media/Multi-Sector Pollution Prevention
for Heavy Metals Reduction $7,500
$270,000
CURRENT:
ED:
ATTACHMENT B
Proposed Annual Budget
S. C. VALLEY S. CLARA
CMES WATER DIST. COUNTY
$45,000 $45,000 $180,000*
TOTAL
$270,000
$90,000 $90,000 $90,000 $270,000
* Onetime Transportation Agency Funds
Santa Clara County Hazardous Materials Advisory Committee
CITY SHARE OF FUNDING ALLOCATION
HAZARDOUS MATERIALS ADVISORY COMMITTEE, FY 96 -98
City
Total Waste
Base
Hazardous
Total Annual
(tons)
Share
Waste Share
Share
CAMPBELL
533.48
$3,000
$325
$3,325
CUPERTINO
516.08
$3,000
$325
$3,325
GILROY
2286.71
$3,000
$1,365
$4,365
LOS ALTOS
23.31
$3,000
$0
$3,000
LOS ALTOS HILLS
15.31
$3,000
$0
$3,000
LOS GATOS
231.12
$3,000
$150
$3,150
MILPITAS
8803.64
$3,000
$5,260
$8,260
MONTE SERENO
0.00
$3,000
$0
$3,000
MORGAN HILL
184.85
$3,000
$110
$3,110
MT VIEW
1971.47
$3,000
$1,175
$4,175
PALO ALTO
5663.30
$3,000
$3,380
$6,380
SAN JOSE
31997.68
$3,000
$19,100
$22,100
SANTA CLARA
16859.98
$3,000
$10,060
$13,060
SARATOGA
34.10
$3,000
$0
$3,000
SU�INYVALE
6276.88
$3,000
$3,750
$6,750
TOTAL
75397.91
$45,000
$45,000
$90,000
Total hazardous waste based on 1993 data.
March 1995
ATTACHMENT 2
HMAC Proposed Workplan 1995 -96:
1. INDUSTRY SPECIFIC POLLUTION PREVENTION TECHNICAL ASSISTANCE
Workshops: HMAC will continue to conduct industry- specific and topical
workshops (4-6 /year) to provide industry with local, low -cost access to
pollution prevention and compliance information. Workshops planned for
the coming year include dry cleaners, painting contractors and a large
workshop in the fourth quarter, topic to be decided.
Targeted Pollution Prevention Information
Publish "Who Regulates What" brochure and sections of the Hazardous
Waste Survival Guide in languages other than English (including Korean,
Spanish & Vietnamese). The HMAC Financial Resources Factsheet will be
updated this year.
Onsite Technical Assistance: This activity will utilize available resources
including expertise of the national labs to provide printed circuit companies
with onsite technical assistance for implementing pollution prevention. A
workshop/ technology demonstration is scheduled for spring '96.
• Work with Trade Associations to Promote Pollution Prevention
2. REGULATORY STREAMLINING AND COMPLIANCE ASSISTANCE
Regulatory Streamlining: HMAC should continue supporting permit
streamlining and regulatory reform proposals which reduce the
administrative burden of environmental compliance responsibilities. HMAC
will continue its involvement in the development of the Business
Environmental Assistance Center, the Santa Clara County Permit Assistance
Center, and Hazardous Materials Unified Program (SB 1082 CUPA).
Legislative Tracking and Notification Services: Revisions to environmental
programs are expected to continue to be a high priority topic for both the
federal and state governments. Through HMAC's legislative database
subscription service, key issues of concern will be identified, analyzed and
reported to HMAC and the cities along with policy recommendations. An
update seminar is scheduled for Spring '96.
Superfund Forum
Hold a forum that will highlight local accomplishments in Superfund
remediation. This event is tentatively scheduled for late fall /winter 1995.
The forum could also highlight remediation technologies that were
developed and /or tested locally.
• Electronic Environmental Data Reporting: HMAC should support and
participate in an industry sponsored pilot project to establish a statewide
standardized system for sharing and transmitting environmental compliance
data between industry and regulatory agencies. This local pilot project will be
a key component in the development of Cal -EPA's standard reporting system.
3. SMALL QUANTITY GENERATORS TARGETED ASSISTANCE PROJECT:
The Small Quantity Generator Targeted Assistance Project seeks to involve
various stakeholders (including property owners, property managers, lending
institutions, insurance companies, tenant companies and regulators) in
promoting environmental management and pollution prevention at
commercial properties. The work on creating a 'model lease protocol for
property managers, pollution prevention training for insurance underwriters
and developing market incentives will continue. Related activities will be
pursued under the Pollution Prevention, Insurance and Trade Association grant
project described below.
4. ENVIRONMENTAL DATABASE: HMAC has created an environmental
database that combines hazardous materials and hazardous waste data from
several different sources. Maintenance and expansion of this database should be
continued through periodic updating as new data become available. The
database is geo -coded for application of Geographic Information System (GIS)
technology which enables geographic analysis.
5. INCENTIVE PROGRAMS
• Regional "Green Business" Recognition Program: See Grant A.
• Pollution Prevention Week: HMAC will continue to promote Pollution
Prevention Week (P2 Week) to increase awareness of achievements in and
continuing opportunities for pollution prevention in our community.
HMAC's P2 Week efforts will include promotional activities as well as
coordinating ongoing HMAC initiative activities.
6. LOCAL AND REGIONAL POLLUTION PREVENTION POLICY DEVELOPMENT
New initiatives in this area that could enhance local coordination of pollution
prevention efforts through creation of the Pollution Prevention Dialogue
2
Process and initiation of a quarterly HMAC Newsletter. Coordination with the
Silicon Valley Permit Assistance Center may be a project for the coming year. In
addition, HMAC should participate in the following organizations and activities:
Proposed Region IX Pollution Prevention Center
Bay Area Hazardous Waste Reduction Committee
California Consortium of Pollution Prevention Committees
US EPA Common Sense Initiative
7. POLLUTION PREVENTION FOR GOVERNMENT, SCHOOLS AND PUBLIC
• Promote Implementation of a P2 Policy by Local Jurisdictions: HMAC will
continue participating in facility manager meetings to promote pollution
prevention. A workshop for public facility managers is tentatively scheduled
for the third quarter.
• Pollution Prevention for the Public: Public pollution prevention information
packets will be distributed through CDR during Pollution Prevention Week.
A workshop may be scheduled near Earth Day 1996 in coordination with an
autoshop to educate car owners about pollution prevention.
• Pollution Prevention in Public Education
Teacher Training: Work with the County Office of Education to provide
training to teachers that will increase utilization of existing pollution
prevention curriculum resources.
8. MULTIMEDIA /MULTI- SECTOR P2 FOR HEAVY METALS REDUCTION:
HMAC should work to promote heavy metals reduction and multimedia
pollution prevention among the multiple sectors (industrial, commercial and
residential) that have been identified as contributing to this regional problem.
GRANT PROTECTS
A. Regional "Green Business" Recognition Program:
HMAC will' continue working with the Association of Bay Area Governments,
the Bay Area Hazardous Waste Reduction Committee and other entities to
develop and implement a regional "green business" recognition program. The
purpose of this voluntary program is to provide positive recognition to
3
businesses with strong environmental practices (including both compliance and
pollution prevention). The regional program will combine HMAC's Green
Business Program with Sonoma County's compliance -based model.
B. P2 /Insurance Grant:
The US EPA Office of Pollution Prevention has given HMAC a grant to continue
examining market incentives for pollution prevention in the insurance
industry. The project will involve documenting case studies of local trade
association insurance packages, examining possible incentives and providing
information and training to the insurance industry on the benefits of pollution
prevention.
C. ETI Multi Tiered Pollution Prevention Project
HMAC has received a grant from Environmental Technologies Initiative for a
project that will promote technology transfer focusing on heavy metals
reduction. The project will work to develop industry partnerships and will
address both technical and management level barriers to pollution prevention.
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