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HomeMy WebLinkAboutAGENDA REPORT 1994 0216 CC REG ITEM 08OTO: FROM: DATE: AGENDA REPORT CITY OF MOORPARK Honorable City Council ITEM 260 lb Mary R. Lindley, Assistant to the City ManagertN / February 10, 1994 SUBJECT: Consider Support for SB 1243, Public Works; and AB 688, Solid Waste and Recycling; and Opposition to AB 1080, Public Contract Dispute Resolution; AB 1272, Air Quality Board; AB 515, Mobilehomes; and AB 2328, AB 2329, and AB 2330, Landowner Compensation Act. Background Council is being presented with several State bills which may impact the City. Staff is requesting that Council express a position on the bills and direct the Mayor to write letters conveying the City's position to the appropriate legislative committees. SB 1243, Public Works (Prevailing Wages) Staff is recommending that Council support SB 1243 (Hurtt) . If approved, SB 1243 would permit local public agencies to adopt a resolution or ordinance to exempt themselves from the requirement to pay prevailing wages on public works projects unless prevailing wages are required by a state or federal grant. This could provide a cost savings to the City on some public works projects. AB 688, Solid Waste and Recycling Staff is recommending that Council support AB 688 (Sher). If approved, this bill would make several significant changes to the enforcement of AB 939. The changes include authorizing the Waste Board to implement a conditional approval process for AB 939 planning documents which would require the Board to approve a jurisdiction's Source Reduction and Recycling Element if it is in substantial compliance with the law. In addition, the bill states State Legislative Bills February 9, 1994 Page 2 that no enforcement penalties may be imposed on a jurisdiction if it has made a good faith effort to achieve the 25 and 50 percent recycling goals. If this bill passes, the City would have a greater level of comfort in its efforts to achieve the diversion goals without the threat of a $10,000 per day fine as established under AB 939. AB 1080, Public Contract Dispute Resolution Staff is recommending that Council oppose AB 1080 (Eastin). If approved, this bill would enact the Public Contract Dispute Resolution Act and establish the Public Contract Dispute Resolution Board to provide an alternative method for public entities, bidders, and contracting parties to resolve controversies. The City would be required to amend its contracting procedures and give all dispute resolution to the Board. The Board would be funded by public agencies and private contractors. Decisions or judgements of the Board would have to be pursued in court to be enforced. This bill could result in potentially significant costs to all public agencies. AB 1272, Air Quality Board Staff is recommending that Council oppose AB 1272 (Presley). This bill reconstitutes the membership of the governing board of the South Coast Air Quality Management District (SCAQMD) . If approved, the bill replace the existing board of locally elected officials with members appointed by the Governor, the State, and the Assembly. While this bill is only directed at SCAQMD, it sets a dangerous precedent for other air quality district boards. In 1993 the Legislature passed SB 75 which reconstituted district boards so that they had to include city elected officials. This bill could jeopardize that action. AB 515, Mobilehomes Staff is recommending that Council oppose AB 515 (Ferguson). This bill would prohibit the City from acquiring a mobilehome park by using eminent domain, with some exceptions, if the City intends to continue using it as a mobilehome park. The bill presents broad prohibition and then identifies a list of exemption, which is bad public policy. The bill was drafted to address a specific situation in Riverside County, but it has broad implications on other jurisdictions. State Legislative Bills February 9, 1994 Page 3 AB 2328 AB 2329, and AB 2330 - Homeowner Protection Act Staff is recommending that Council oppose AB 2328, AB 2329, and AB 2330 (Haynes). AB 2328 limits the City's ability to review the environmental impact of a project and make local streamlining efforts more difficult by creating new responsibilities related to land use decisions. AB 2329 would limit the City's police powers over land use approvals, eliminate the ability to deny projects, and remove land use elements as a tool for comprehensive planning. AB 2330 would require compensation for any decrease in land value resulting from conditions or environmental mitigation and restrain the City's ability to modify land use requirements. The League of California Cities has taken a position on each of these bills which is consistent with staff's recommendation. Recommendation Staff recommends that Council express support for SB 1243, Pubic Works; and AB 688, Solid Waste and Recycling; and opposition to AB 1080, Public Contract Dispute Resolution; AB 1272, Air Quality Board; and AB 515, Mobilehomes; and AB 2328, AB 2329, and AB 2330, Landowner Compensation Act, and direct the Mayor to write letters to the appropriate legislative committees informing them of the City Council's position on these bills.