RESOLUTION NO. _________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

* * * * *

RESOLUTION 1) AUTHORIZING THE PRESIDENT OF THE BOARD TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA, CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY TO IMPLEMENT THE ABOVEGROUND PETROLEUM STORAGE ACT PROGRAM (APSA) FOR THE TERM JANUARY 1, 2008 to MARCH 1, 2010, IN THE AMOUNT OF $78,850.41, AND 2) AUTHORIZING THE DIRECTOR OF THE HEALTH DEPARTMENT OR THE DIRECTOR'S DESIGNEE TO EXECUTE CONTRACT AMENDMENTS WHICH MODIFY THE COUNTY'S MAXIMUM FISCAL OBLIGATION BY NO MORE THAN $25,000 (IN AGGREGATE), AND/OR MODIFY THE CONTRACT TERM AND/OR SERVICES SO LONG AS THE MODIFIED TERM OR SERVICES IS/ARE WITHIN THE CURRENT OR REVISED FISCAL PROVISIONS

______________________________________________________________

RESOLVED, by the Board of Supervisors of San Mateo , State of California, that

WHERAS, on December 31, 1996, your Board authorized Resolution No. 60139 that approved a certification for San Mateo County to become a Certified Unified Program Agency (CUPA) for hazardous materials program implementation; and

WHEREAS, Environmental Health Division (Division) is the CUPA responsible for implementing all regulated hazardous materials programs including inspection and enforcement procedures; and

WHEREAS, the Aboveground Petroleum Storage Act (APSA) program is being assigned to local CUPAs statewide; and

WHEREAS, Assembly Bill 1130 (Laird) allocates funds, in the form of a grant, from the State Environmental Protection Trust Fund (EPTF) to each CUPA to assume the responsibility to implement and administer the APSA program; and

WHEREAS, based on the number of aboveground petroleum tanks located within its jurisdiction, Cal-EPA has determined that the County will be allocated one-time funding not to exceed $78,850.41; and

WHEREAS, APSA requires facilities with aboveground petroleum tanks with aggregate amounts more than 1,320 gallons to develop a Spill Prevention Control and Countermeasure Plan with the goal of minimizing the risk of a spill; and requires CUPAs to conduct inspections at tank facilities with an aggregate storage capacity greater than 10,000 gallons of petroleum every three years; and

WHEREAS, program implementation includes staff training, development of procedures and inspection/compliance plans, and designing a fee structure; and

WHEREAS, the Department will bring an Ordinance to your Board in 2009 adding fees to support the program costs; and

WHEREAS, there has been presented to this Board of Supervisors for its consideration and acceptance an Agreement whereby the Environmental Health Division will assume the responsibility for implementing and administering the APSA program; and

WHEREAS both parties now wish to enter into an Agreement for the period of January 1, 2008 to March 1, 2010, in an amount not to exceed $78,850.41:

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors be and is hereby directed to execute said Agreement for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest the President's signature thereto.

BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the Director of the Health Department or the Director's designee to execute contract amendments which modify the County's maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions.

* * * * * *