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Minutes - San Leandro City Council Meeting - January 19, 1993 Page - 6 - <br /> NEW BUSINESS (continued) <br /> Steve Meyers, City Attorney, said the Ordinance authorizes the Fire Chief <br /> to undertake cleanup of hazardous materials when the materials are <br /> unlawfully deposited on property in San Leandro and sets out a procedure. <br /> He said it has no effect on insurance coverage of the property owner, and <br /> if they have pollution coverage, it would apply to any costs incurred under <br /> the Ordinance. He said it does not affect the relationship between the <br /> property owner and the tenant. <br /> Mr. Filipovich asked, if he had hazardous material on his property, does <br /> the Fire Department have mandatory authority. Mr. Meyers said the Fire <br /> Department has discretionary authority. <br /> Mr. Filipovich asked, if the State was working on a site, who would be <br /> preempted. Mr. Meyers said this Ordinance gives the City the authority to <br /> undertake work currently being done by the County. <br /> Mr. Filipovich asked if there is any other ordinance dealing with hazardous <br /> materials that the City is going to utilize. Mr. Meyers said the Fire <br /> Department has exclusive authority and is the only department working on <br /> this matter. <br /> Mr. Filipovich said he sees all kinds of problems for small businesses with <br /> insurance. <br /> Vice Mayor Faria said businessmen in San Leandro would much rather deal <br /> with the City of San Leandro than the County on hazardous materials <br /> matters. He said there are many things the County has not signed off on <br /> that the City can assist with. <br /> Mr. Filipovich said it can be a problem for property owners who don't have <br /> the proper insurance, and he said the City should make the State and County <br /> handle this matter. <br /> The following Ordinance was then introduced: <br /> Ordinance No. 93-01, An Ordinance Amending Article 3, Title III, Chapter 3 <br /> of the San Leandro Municipal Code Relating to Deposits of Hazardous <br /> Materials; Cleanup or Abatement; and Liability for Costs (authorizes the <br /> San Leandro Fire Department to implement and administer a City-wide <br /> Hazardous Clean-Up Program) . (2439) <br /> Introduced by Council Member Corbett, who moved its adoption, seconded by <br /> Council Member Polvorosa, and carried by the following called vote: <br /> AYES: Council Members Corbett, Faria, Kerr, Myers, Perry, <br /> Polvorosa; ( 6 ) <br /> NOES: None ( 0 ) <br /> ABSENT: Mayor Karp ( 1 ) <br />