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CC Resolution 11021 RESOLUTION NO. 11021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SUPPORTING SENATE BILL 346 (KEHOE) WHEREAS, SB 346 by State Senator Kehoe would require the Department of Toxic Substances Control to conduct a baseline survey to determine the concentration levels of nickel, zinc, and antimony in motor vehicle brake friction materials, to monitor the concentration levels, allows the Department to establish maximum concentration levels, and phases out the sale of certain friction materials and restricts the use of copper in brake friction materials; and WHEREAS, this bill would also create a funding source for compliance through the administration of a fee on the sale of brake pads; and WHEREAS, proponents argue that copper and other toxic materials in vehicle brake pads are harmful to the aquatic food chain and have been shown to adversely impact the sensory organs of salmon, potentially compromising their ability to return to spawning streams and avoiding predators; and WHEREAS, the City of Campbell and other local governments are required by National Pollutant Discharge Elimination System (NPDES) Permits to control copper discharges to creeks, estuaries and the ocean; and WHEREAS, the dust of brake pads are a source of copper to waterways and reportedly have been estimated to contribute as much as 35% of the copper reaching the San Francisco Bay; and WHEREAS, local governments are not able to effectively control brake dust and, therefore, legislative action is an alternative; and WHEREAS, the City of Campbell, as a member of the Santa Clara Valley Urban Runoff Pollution Prevention Program, has been a long time supporter of the Brake Pad Partnership, a collaborative group of government staff, brake pad manufacturers and environmentalists to work out a solution to the brake pad issue. NOW, THEREFORE, BE IT RESOLVED that the Campbell City Council hereby supports SB 346. BE IT FURTHER RESOLVED that the Campbell City Council authorizes the Mayor to send a letter of support to the Chair of the State Senate Environmental Quality Committee which will discuss SB 346 at its meeting on April 20, 2009. PASSED AND ADOPTED this 7th day of April. 2009, by the following roll call vote: AYES: Councilmembers: Kotowski, Furtado, Baker, Low, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ATTEST: ~~ Anne Bybee, City Clerk