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
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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:
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
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