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Home My WebLink AboutAGENDA REPORT 1990 0418 CC REG ITEM 08MPAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: SUBJECT: MOORPARK ITEM I-J• 1 M E M O R A N D U M The Honorable City Council Craig Phillips, Administrative Assistant April 6, 1990 (for CC meeting of 4- 18 -90) STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer cp SB 1998 — Solid Waste Local Government Technical Advisory Committee The Bill would create an advisory committee to the Integrated Waste Management Board. The Committee would serve as a liaison to the Board regarding local government concerns with the implementation of AB 939. Of particular importance is the ability to affect the development of regulations. The Committee provide-, the means to have direct participation in formulating regulat'on, that affect cities. Staff Recommendation It is recommended the City Counci in support of SB 1998. sbl998.adm �uthnriZ�� the Mayor to send a letter 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 ■ ■� � Via$ r �� 'i" !.� :�.`'.�:'� �`�..� �{ :rte �` viii League of California Cities i:ablornia Cities Work Together 1400 K Street • SacramFrtr a -14 • i9'16 114 -5790 #13 -1990 March �O, 1990 * * * * * * * * * * * * * * * * * * * *LEGISLATIVh ACTIVITIES * * * * * * * * * * * * * * * * * * ** 1. Brown Act. Meetings of Task Foi .'es SB 1853 (Kopp). Pending in Senate Appropriations. Oppose. 2. State Subvention Revenues for New Cities. Permits Population Adjustments for Growth and Annexations to Receive Additional Per Capita Subvention Revenues. AB 2186 (Murray). Hearing: Senat(° Local Government Committee, Wednesday, April 4, 1990. Support. 3. Airport Noise. Exemption from Lizibility. SB 2045 (Kopp). Hearing: Senate Judiciary Committee, Tuesday, May „ 1990. Support. 4. Solid Waste. Integrated Waste Management Board. Local Government Technical Advisory Committee. SB 1998 (Bergeson). Passes Senate Governmental Organization Committee. Pending n Senate Natural Resources and Wildlife Committee. Support. 5. Insurance. Financial Responsibilitz SB 1858 (Robbins). Hearing: Senate Insurance, Claims and Corporatior `. Committee, Wednesday, April 4, 1990. Support. 6. Public Water Systems. Fees. AB 21 >8 (Costa). Measure Substantially Amended. Opposition Removed, League Now Neutral. 7. Zoos. Elephants. Care and Treatmert. SB 2727 (Robbins). Review & Comment. 8. Changed Status of Bills Previously Reported. (a) AB 2866 (Tanner). Balloons. Measure Soars Out of Assembly Nat.aral Resources Committee. Information. MISCELLANEOUS 9. Governor's Address at Legislative C onference Available. Information. 10. CITYLINK. Free Demonstrations i Southern California. Information. FEDERAL ACTIVITIES 11. Clean Air Act Amendments. House Energy and Commerce Commit e Reid/ V� Urban Smog Compromise. Update APR c D 2 90 �'OFM�RP�R� population, whichever is greater. Also, the bill allows population increases through annexation to be added to the city's current population for subvention purposes. In the current fiscal year, per capita state subvention revenues total approximately $46.00 per capita. AB 2186 will ensure that the 34 cities incorporated since the 1980 Federal Census will be able to increase their population for growth and annexations and thereby receive additional subvention revenues. AB 2186 will be heard by the Senate Local Government Committee on Wednesday, April 4, 1990. Interested cities should communicate their support to Committee members: Marian Bergeson (Chair), Ruben Ayala (Vice Chair), Craven, Cecil Green, Kopp, Leonard, McCorquodale, Presley, and Russell. 3. SUPPORT Airport Norse. Exemption from Liability. SB 2045 (Kopp). Hearing: Senate Judiciary Committee Tuesday Max 1. 199.' Under existing law, anything which is injurious to health or interferes with the comfortable enjoyment of life or property is actionable as a nuisance. SB 2045 bill would preclude recovery of damages for noise or other environmental effects produced by operation of a public airport by persons constructing or acquiring property adjacent to the airport and had notice of the noise exposure associated with airport operations. In order for a person to recover damages, he or she would have to demonstrate that there was a significant change in: (1) the type or frequency of aircraft operations at the airport; (2) the airport layout; or (3) the flight patterns which occurred after the date of construction or acquisition of the property and that the substantial damage occur red from such a change or increase. Cities should send letters of support to Senator Kopp and to the members of the Senate Judiciary Committee who are: Bill Lockyer (Chair); Ed Davis (Vice Chair); Doolittle, Keene, Marks, Petris, Presley, Roberti, Royce, Torres, and \k ,tson,. 4. SUPPORT Solid Waste, Integrated Waste Management Board Local Government Technical Advisory Committee SB 1998 ( Iergeson). Passes Senate Governmental Organization Committee. Pending in Senate Natural Resources and Wildlife Committee. SB 1998 unanimously passed the Senate Governmental Organization Committee this week and will be heard next in Senate Natural Rest )urces and Wildlife. SB 1998, an urgency measure, would create the Local Government Technical Advisory Committee to the new Integrated Waste Management Board. The Committee would serve as a liaison between local government and the Board and would advise the Board on a variety of issues and assist the Board to develop programs directed [owards local government. In light of the current regulatory process now underway by the Board to develop regulations to implement AB 939, Senator Bergeson's SB 1998 represents a timely and needed approach to ensure that cities interests are adequately and formal] addressed by the new Board. March 30, 1990 7. REVIEW & COMMENT Zoos, Elephants, Care and Treatment, SB 2727 (Robbins). B 2727 would require specified care and treatment of elephants, including a prohibition against chaining an elephant for more than one `lour a day for required veterinary care and provision of daily access to a sizeable mudbath or pool and dirt for dusting. It would also require that "not less than two elephants shall ' e housed together and larger groups shall be encouraged." Cities with zoos or that host circuses should review SB 2727 and send their comments to the author, the League, and the Senate Natural Resources and Wildlife Committee, where the bill will likely be heard. Copies of SB 2727 are available directly on CITYLINK or by calling the Capitol Bill Room at (916) 445 -232' 8. Changed Status of Bills Previously- R t.,k)rted. (a) AB 2866 (Tanner) Balloons Measure Soars Out of Assembly Natural Resources Committee. Information. AB 2866, which would prohibit the intentional release of ten or more balloons in a 24 -hour period, passed unanimously out of the Assembly Natural Resources Committee this week. Testimony by the bill's sponsors, students from the Suzanne Middle School in Walnut, focused on the potential danger that popped balloons pose to fish, birds, and other wildlife. One student summarized the issue well by observing, Who could think that something so beautiful going up could be so deadly when it comes down." The bill was amended to delete th:� exemption for balloons that meet the biodegradable or photodegradable criteria. AB 2866 now floats over to the Assembly Ways and Means Committee. (Referred to previous'+ in Bulletin #9- 1990.) MISCELLANEOUS 9. INFORMATION Governor's ��,ddress at Legislative Conference Available. For those of you who requested - -and those wh( ':nay have missed -- Governor Deukmejian's speech at the Legislative Conference, copic are available by calling the League's Communication Director, Sheri Erlewine, at (91 !�) 444 -5790. The Governor spoke at length about the impact on cities of Propositions 111 r d 1(18 a, well as other key activities taking place in Sacramento. 10. INFORMATION CITYLINK_ free Demonstrations in Southern California. State Net, the company that operates the League's CITYLINK network, will be conducting a series of free demonstrations of the State Nct Legislative Reporting system in the Los Angeles and San Diego areas in April. If y-ur city has been considering joining the CITYLINK network, this is an excellent oppoT linity for you to see the system firsthand. March 30, 1990 Area Class Design Value (PPM) Marginal -- 0.121 up to 0.138 Moderate -- 0.138 up to 0.160 Serious -- 0.160 op to 0.180 Severe -- 0.180 up to 0.280 Extreme -- above 0.280 Amainment Date -- 3 yc ars -- 6 yc ars -- 9 yc ars -- 20 gars (I .A only) In addition, New York City, Houston and Chicago would be considered "Severe" areas, but given 17 years to reach ozone attainment. "Serk)us" areas would be required to regulate "major stationary sources" above 50 tons of annL al hydrocarbon emissions. "Severe" areas would have to regulate down to 25 ton sources, wnd "Extreme" areas would be required to regulate down to 10 ton sources of emissions. In a major victory for cities, the Swift Eckart An endment would impose sanctions only for failure to implement an approves State Implementation Plan (SIP), not for failure to reach attainment. Possible sanctions are limited to Highway Fund restrictions and 2:1 pollution offsets for major industrial stationary sources there is no construction ban or drinking water hookup ban. The Swift- Eckart amendment would establish three percent annual emission reduction "milestones" and failure to meet a milestone would result in an area being "bumped -up" to the next higher ozone classification or a requirement to institute an economic incentive program. The amendment does not address Outer Continental Shelf (OCS) emission sources and delays EPA regulation of commercial solvents while a three -year study is completed. "Cost Waivers" for major stationary sources are eliminated and replaced with waivers only for technological infeasibility. In addition, "Netting' is li,nited in Serious, Severe and Extreme areas. Committee staff indicated that the compromise also alters language in HR 3030 which preempts the ability of states to regulate off -ri Yad engines. The compromise is said to clarify that the preemption relates only to off -rc �.d mobile sources, not stationary engines. The Swift - Eckhart amendment has the back1n7 of Committee Chairman John Dingell (D -MI), Ranking Minority Member Norman I ent (R -NY), Environment Subcommittee Chairman Henry Waxman (D -CA), members cat the "Group of Nine" Democrats who had developed their own clean air bill, and mosr members of the full Committee. The substitute was passed by the committee almost i nanimously on Thursday and is said to be binding for committee members on the Ho ise loor and in conference committee negotiations with the Senate. The Energy And Commerce Committee will tape. up an alternative fuels amendment this week, sponsored by Representatives Bill Richar(kon (D -NM) and Henry Waxman (D -CA). �J March 30, 1990