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1992-050-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 6395RESOLUTION 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 1 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: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: aA CLERK OF THE TOWN O OS GATOS LOS GATOS, CALIFORNIA Atny009: CNCLRPTS \SCCCFPD. RES 2