CC Resolution 8634
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RESOLUTION NO. 8634
RESOLUTION OF THE CITY OF CAMPBELL 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 CITY MANAGER TO PERFORM SUCH RESPONSIBILITIES
WHEREAS, the City of Campbell has regulated the underground
storage of hazardous substances in its jurisdiction since adoption
of its Hazardous Materials Storage Permit Ordinance on July 1, 1993,
and has designated the Santa Clara County Central Fire Protection
District to administer and enforce said ordinance; and
WHEREAS, the City of Campbell has exclusive jurisdiction over
implementation of the requirements of Chapter 6.7 of the California
Health & Safety Code, the State's program for regulating the
underground storage of hazardous substances; and
WHEREAS, the City of Campbell 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 City of Campbell has designated the Santa Clara
County Central Fire Protection District as an agency responsible for
implementing Chapters 6.7 and 6.95 of the California Health & Safety
Code and the City of Campbell Hazardous Materials Ordinance (Chapter
17.04, et al); and
WHEREAS, the City of Campbell wishes to clarify the roles,
relationships and responsibilities of the Santa Clara County Central
Fire Protection District and the City of Campbell regarding
administration of Chapters 6.7, 6.75, and 6.95 of the California
Health & Safety Code and Chapter 17.04, et al, of the City of
Campbell Code;
BE IT RESOLVED, that the City 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 Chapters
6.7, 6.75, and 6.95 of the California Health & Safety Code and
Chapter 17.04, et al, of the City of Campbell Code; and the City
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Manager continues to be authorized to exercise this authority
whenever necessary or convenient to accomplish the purposes of these
statues and ordinances.
BE IT FURTHER RESOLVED THAT all administration and enforcement
by the Santa Clara County Central Fire Protection District of these
statues and ordinances is as agent of the City of Campbell 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 this 5th day of Ap~il
following roll call vote:
, 1994 by the
AYES:
Councilmembers:
Conant, Burr, Dougherty, Watson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
l\shworLh
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