HomeMy WebLinkAbout1981-04-07; City Council; 6554; Request to Take Action on LegislatureCITY Ol•' CAR.LSiil-.iJ
J ~~LI AGENDJ\. BlLL NO. ~-"-'=-..... Lt.---•------
DATE: April 7, 1981
DEPARTMENT: CITY MANAGER
Subject: REQUEST TO TAKE ACTION ON L,EGISLATION
Statement of the Matter
Initial:~_
Dept.na.·r~
C. Atty._\)
C, Mgr. ~-
The city staff requests the City Council to take action on the follo~ing
bills being considered by the State Legislature:
l. SB 65 (Bo~t~right)
This bill would exempt police uars, ~ire engines and other
emergency vehicl~s from auto emission requirements. It is
estimated that 25,000 vehicles would be exempted statewide.
The emission control equipment on emergency vehicles impair
vehicle performance. The impact on air quality would be
negligible. The Police and Fire Chief recommend that the
city support SB 65.
2. AB 320 .(Herger)
This bill would allow a public agency providing water for
fire protection purposes to collect a charge for the cost
of operation, installation, and maintenances of facilities
related to supplying water for fire protection purposes.
Existing law does not allow such charges to be initiate1.
The. Utilities/Maintenance Director recommends that the city
oppose AB 320. This bill would allow a shift in costs 'from
a currently fee supported service to a non-fee supported
service. In Carlsbad, with four different ugencies supplying
water, we could have a different type charge levied by each
agency.
Fiscal Impact
Specific costs impacts of the legislature have not yet
been calculated. However, SB 65 should tend to reduce
city costs and AB 320 would increase city costs.
'E.xhibits
l. Letter dc:i.ted l?./30/80 from Senator Boatwright.
2. Memo from Utili:ties/1.iaintenance Director dated 3/26/81.
Recommendation
That Council by minute motion support SB 65 and oppose AB 320 and
direct staff to send letters to appropriate legislators.
Council 1\ction:
4-7-81 C ·
ouncil approved s~aff recommendation
' .
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Dear Chief:
CALIFORNIA LEGISLATURE
STAT& CAPITOi.
SACRAMEflTO, CAl.lf'ORNIA
ll~BI°'
. December 30, 1980
I have enclosed a copy of my Senate Bill 65, which would
exempt police cars, fire engines and other emergency vehicles
from the Air Resources Board's emission require~ents.
I think it's about time we let our emergency vehicles do the
jobs they were meant to do. Instead, we have cars which can-
not catch fleeing suspects and fire engines which cannot
climb steep grades effectively or pwnp water to the maximum
capacity.
Emergency vc~hicles amount to 25,000 of the 18. 8 million
vehicles currently registered in California (.0013, or 13/100
of one percent!).
I would appreciate the support of your department in our
efforts to enact SB 65. "Nruly
DAN~.
Senator,
OEB/rb
Enc: SB 65
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SENATE BILL No. 65
Introduced by S<>nator Boatwright
December 11, 1980
An act to add Section 27156.2 to the Vehicle Code, relating
to emergency vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 65, as introduced, Boatwright. Emergency vehicles:
pollution control devices.
Existing law, with specified exceptions, prohibits any motor
vehicle upon a highway in this state which is not equipped
with motor vehicle pollution control devices specified by
California law, other state law, or federal law.
This bill would exempt authorized emergency vehicles, as
specified, from requirements of California law for motor
vehicle pollution control devices.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as lo/lmvs:
1 SECTION 1. Section 27156.2 is added to the Vehicle
2 Code, to read:
3 27156.2. Notwithstanding any other provision of iaw,
4 any authorized emergency vehicle as defined in
5 paragraph 2, Section 165, excepting subdivision (g)
6 thereof, and Sections 165.3, 165.4, and 165.5, is exempt
7 from requirements imposed pursuant to California law
8 and the regulations adopted pursuant thereto for motor
9 vehicle pollution control devices.
0
311-100 llcprintcd 1-6-81 ~\t
99 40
::
March 26, 1981
MEMORANDUM
TO: City Manager
FROM: Director of Utilities & Maintenance
SUBJECT: Recomnendation to Oppose AB320 (Herger)
-81-056
Th2 Association of California Water Agencies (ACWA) is sponsoring AB320
which will change current state law concerning charging O&M, capital and
repair costs of a water system to the agency providing fire protection.
Current law precludes such charges. AB320 would change the ,aw so that
such charges as determined by the Water Agency board could be made. The
City should oppose for the following reasons:
1. Water purveyors have the responsibility to provide service to the
customer in quantities and quality to meet the customer's needs,
regardless of the purpose for which the customer intends its' use --
this includes fire protection.
2. It is a shift of costs from a fee supportPd service to a non-fee
supported service in most jurisdictions; i.e., shift to the general
fund.
3. It can have the effect of increasing costs of fire service to certain
areas of a jurisdiction which are ~1:r-veu by different water agencies,
depending on the discretionary action of the Hater Board. In our
particular case we could be levied different types of charges by four
different agencies --City, CRMWD, San Marcos or Olivenhain.
A brief sunmary of the bill is attached.
q~~~
Director of Utilities & Maintenance
RWG:pab
cc: Assistant City Manager/Operations
Fire Chief
attach.
March 6 has been extended 60 days.
The program for the NWRA March 31
Federal WatP.r Seminar at the Capito,
Holiday Inn is shaping up exceptionally
well. A worthwhile program is in the
offing and early response indicates a
good attendance. We have invited the
Secretary of the Interior to be our
keynote speaker, and we remain hopeful
that the key members of his water
management team will be announced by
that .nne so that they can meet with our
group as well; specifically the Solicitor,
the Ass1slant Secretary for Water and
Power Resources and the Commissioner
of Reclamation.
Sen. James A·. MacClure (ID), chair-
man of the Committee on Energy and
Natural Resources, and Sen. Frank
Murkowski (AK), chairman of the Sub-
committee on Water an,;I Power Re-
sources, have accepted our invitation.
Major General Val HE>iberg, director of
Civil Works of the COE, will be on the
pro~ram. Rep. Morris K. Udall (AZ),
chairman of the Interior and Insular
Affairs Committee, and Rep. Don
Clausen (CA), ranking minority member
of the Public Works and Transportation
Committee, have been invited. Gordon
Nelson, coordinator of the Farm/Water
Alliance, will chair a panel to bring us up
to date on activities to obtain tho
&nactment of legislation to modernize
the 1902 Recl.:>mation Law. All in all, it
will be a very worthwhile program.
Hotel spce fn Washington is tight.
This will be the last notice; get your
reservations in as soon as pos<iible.
NWRA Federal Water Seminar Registration-Reservation Form
Name:------------------------------
Address: -----------------------------
City: ___________ state: __________ Zip: _______ _
Phone:
Please reserve Single □, Double □ room for t:1e night(s) of:
$50 Registration fee enclosed o
Mail this form to National Water Resources Association 955 L'Enfant Plaza s w w h" t D.C. 20024 • • •• as ing on,
nance, repair, alteration or replacement
Sac t \
of f~ciliHes rel,ated to supplying wat~~/ ra men O for fire, protection purposes. /
AB 618 (Frizzelle) was introduced.
Scene The measure would terminate the Cal-
ifornia Coastal Co1,lmission and its
:3u~ho~itt for each city, county or local
1unsd1ct1on when its local coastal pro-
Actions on Bills
Of ACWA Interest
Following actions were taken in the
State Legislature on bills of interest to
AC'NA's members: ,
/
AB 320 (Herger), sponsored by ACWA ••
was Introduced and assigned to th~
Local Government Committee. The bill
~o~ld authorize. a public agency pro-
v1d111g water for fire protection purposes
to fix and collect a charge to pay the cost
of operation, installation, capital, main-
tenance, repair, allocation or replace-
f!lent of facilities an.:I permit the legisla-
tive body of the agencv llxing such a
charge to establish schedules varying
the chl}rges in different localities within
the agency depending on the cost of
"peration, insta!lation, capital, mainti
gram has been approved and certified
and all implementing actions have
become effective.
AB 620 (Deddeh) was introduced. It
would amend provisions of the Cal-
ifornia Environmental Quality Act. It
would declare that environmental impact
reports be reviewed in a prompt fashion
within specified time periods; authorize
local agencies to adopt a map deline-
ating urbfnized areas and to adopt a list
of classes of projects determined not to
have a significant effect on the environ-
ment and_ which are exempt from the act:
and provide that a public agency is not
pre_cll!ded from giving a combined
notice of various review periods and
pub Ii~ hearings required with respect to
a proiect. Local agencies also would be
authorized to adopt reasonable limo
limitations on the review of EIRs and
negative declarations.
AB 702 (Johnson) was introduced and
assigned to the Energy and Natural
Resources Commillee. The bill would
1
call a statewide election Sept. 8, 1981,
for a vote on the referendum of SB 200,
the water facilitias development mea-
sure. The bill provides that it is the intent
of the Legislature to reimburse local
entities for the cost of the election by
augmenting appropriations in the 1981
budget bill.
AB 760 (Felando) was introduced, The
measure would repeal the Warren-
Alquist State Energy Resources Con-
servation and Development Act that
created the California Energy Commis-
sion and enact the State Energy Re-
sources Conservation and Development
Act. The commission would be abr,lished
and the power!. and duties of !he com•
mission would generally be transferret.J
to the Department of Energy created by
the new act. The powers and duties
d:aling with certification of power plant
sites and related facilities would be
transferred to the Energy Regulatory
Commission, whic.h alsQ would be
created by the new act. Functions
dealing with building and insulation•
standards would be transferred to the
Department of Housing and Community