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City of San Leandro <br />Meeting Date: June 17, 2019 <br />Urgency Ordinance <br />Agenda Section:File Number:19-366 CONSENT CALENDAR <br />Agenda Number: <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY: <br />FINANCE REVIEW:Not Applicable <br />TITLE:URGENCY ORDINANCE of the City of San Leandro City Council Adding <br />Regulations to Manage Polychlorinated Biphenyls (PCBs) During Building <br />Demolition Projects to Become Effective Immediately <br />The City Council of the City of San Leandro does ORDAIN as follows: <br />WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in fish and <br />sediment in the San Francisco Bay making fish unsafe to eat; and <br />WHEREAS, urban runoff through municipal separate storm sewers systems (MS4s) is <br />considered the most significant measurable pathway for PCBs into the Bay; and <br />WHEREAS, PCBs in certain priority building materials used in building construction projects <br />between January 1, 1950 to December 31, 1980 have been found to have particularly high PCBs <br />concentrations; and <br />WHEREAS, in 2015 the San Francisco Bay Regional Water Quality Control Board adopted the <br />reissued Municipal Regional Permit (MRP), Order No. R2-2015-0049, updating the National <br />Pollutant Discharge Elimination System (NPDES) permit that regulates discharges of stormwater <br />runoff from MS4s; and <br />WHEREAS, the MRP requires the permittees, including the City of San Leandro, to reduce <br />discharges of PCBs in stormwater runoff into the San Francisco Bay; and <br />WHEREAS, the MRP requires permittees, including the City of San Leandro, to develop and <br />implement new programs to manage PCBs-containing building materials during demolition; and <br />WHEREAS, the MRP specifically requires permittees to require that demolition permits for <br />buildings built or remodeled between January 1, 1950 to December 31, 1980 be screened for <br />PCBs-containing building materials; and <br />WHEREAS, remodeling, partial building, wood framed structure, and single-family residence <br />demolition projects are exempt from the screening for the presence of PCBs in priority building <br />materials; and <br />WHEREAS, adoption of this Ordinance is exempt from the California Environmental Quality Act <br />(CEQA) pursuant to section 15308 of CEQA Guidelines, exempting actions taken by regulatory <br />agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, <br />Page 1 City of San Leandro Printed on 6/12/2019 <br />234