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HomeMy WebLinkAbout1991-07-09 - AGENDA REPORTS - LEGISLATION (2)I CONSENT CALENDAR DATE: ' SUBJECT: DEPARTMENT: BACKGROUND July 9, 1991 Legislation City Manager AGENDA REPORT City Manager Approval Item to be present edy: Michael P. Murvhv There are three pieces of Legislation currently pending in the State Legislature which may have impact on the residents of the City of Santa Clarita. These bills are 1) AB 455 (Cortese), 2) AB 638 (Boland) and 3) SB 487 (Bergeson). A summary analysis and Legislative Counsel Digest is provided in the attachments for each measure. All three bills were reviewed by the City Council Legislative Committee at their July 1, 1991 meeting. Adopt the recommendation of the City Council Legislative Committee on each bill. Attachments Bill Analyses (3) Bill Summaries (3) MPM:jjm 440 Agenda Item:._ CITY OF SANTA CLARITA ' I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council FROM: Michael P. Murphy, Intergovernmental Relations Office��� DATE: July 9, 1991 SUBJECT: Assembly Bill 455 Background: In response to five years of drought in California, AB 455 has been introduced by Assembly Member Dominic Cortese (D -San Jose) for purposes of establishing a standardized process for determining the ability of water suppliers to provide water service -to proposed development projects. Furthermore, a primary goal of AB 455 is to increase coordination between water suppliers and land use approval agencies. Existing law relating to local agency approval of development projects does not require applicants to identify a, water supply for a proposed project. AB 455 specifically expresses the Legislature'.s intent to create a standardized process for determining the ability of water retailers to provide water service to development projects.. Only development projects of significant statewide, regional or areawide environmental impact pursuant to the California Environmental Quality Act would be included under the bill's requirements. The Legislation requires urban water suppliers to submit to each city and county within the water retailer's service area a copy of an urban water management plan or other appropriate water supply planning document. The bill further requires that local agencies make written findings concerning the availability of a long-term reliable supply of water prior to acting on a development application. These findings shall be predicated on written determinations of the proposed development's water supplier. A reasonable processing fee may be charged by the local agency with development approval authority. For purposes of this bill, "long-term reliable supply of water" is defined.as including but not limited to such factors as: 1) water storage capacity, 2) existing water demands and demand .0 Page Two AB 455 projections, 3) treatment capacity, 4) reliability and security of transmission facilities, 5) water reclamation, 6) drought considerations, 7) groundwater considerations and 8). conservation., Due to:the impact of the drought on the entire state and its unknown duration, AB 455 is an urgency measure. An urgency bill becomes effective immediately upon the Governor's signature. The City Council Legislative Committee reviewed this bill on July 1, 1991. While the Committee expressed support for the bill, two areas of concern were raised. The first relates to accurately assessing the cumulative effects of small development projects which individually do not fit within the significant impact definition outlined in AB 455 but cumulatively have an effect on local water supplies. The second area of concern is to ensure that mitigations such as conservation not be used as a rationale for approving development projects in the absence of strict water usage control measures. These.concerns should be suggested as amendments to the bill. Recommendation: The City Council Legislative Committee recommends support for AB 455 with suggestions for amendments. Letters of position should be transmitted to Assembly Member Cortese, Santa Clarita's state legislative delegation, appropriate legislative committees and the League of California Cities. MPM:jjm 424 CA AB 455 Amended 07/02/91 AMENDED IN ASSEMBLY JUNE 27, '1991 AMENDED IN ASSEMBLY JUNE 13, 1991 AMENDED IN ASSEMBLY APRIL 30, 1991 ASSEMBLY BILL No. 455 asmvsxs=xxassxxavxsxxxvvxxxxaaxxxsxvxxxxsamxxsaxavvxsxxxxsaasxxxxmvaxaxsxxxavxx Introduced by Assembly Member Cortese February 7, 1991 xxaxsamxsxsxxaxxxaxxxvcxaaxx:axavexaxcxssaaaxxvsxxxaxexsxsaaxxxxvsexvxxevxxxasx ' An act to add Article 5.5 (commencing with Section 65958) to Chapter 4.5 of Division 1 of Title 7 of the Government Code, relating to. development projects, -and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 455,as amended, Cortese. Development projects: water supply. (1) Existing law relating to local agency approval of development projects does not require applicants to identify a water supply for the proposed project. • This bill would express the intent of the Legislature to provide a standardized process for determining the ability of water suppliers to provide water service to a proposed development project. The bill would apply only to development projects determined to be of sufficient statewide, regional, or areawide environmental significance pursuant to the California Environmental Quality Act. The bill would require urban water suppliers to submit to each city and county.within the jDa r.etai1_^'_-Q[)] [A> supplier's <A] water service area a copy of the - - urban water management plan adopted pursuant to the Urban Water Management Planning Act. The bill would impose a state -mandated local program by requiring a local agency to make written findings concerning the availability of a long-term, reliable supply of water, as defined, based on the written determinations of water [A> retailers <A] , prior to acting on an application for a development project. [A> In the event that the water retailer concludes that there is no long-term, reliable supply of water, the bill would require the 'lead agency to consider the availability of an alternative supply of water, as specified. <A] The bill would authorize a public 'agency to charge applicants a fee, not to exceed the amount reasonably necessary to provide the service required by the bill and to be collected as part of the application fee charged for the development permit. (2) The California Constitution requires the state to reimburse CA AB 455 07/02/91 Page 2 local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act.for a specified reason. - (3) This bill would declare that it is to take effect immediately,as an urgency statute. Votes 2/3. Appropriation: no. Fiscal committee:'yes. State -mandated local programs yes. The people of the State of California do enact as follows: SECTION 1. Article 5.5 (commencing with Section 65958) is added to Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read: Article 5.5. Water Supply.Availability 65958. (a) The Legislature finds and declares all of the following: (1) During the five-year drought which began in 1986, Californians have experienced unprecedented water shortages, forcing water rationing among city water users and drastic curtailment of water deliveries to farming communities from the.State Water Project; and the Central Valley Project: (2),As a result'of this extended drought, certain species of fish and wildlife have declined as a result of insufficient water supplies available for those resources. (3) This extended drought has helped to focus public attention on the broader problems of the adequacy of California's water supplies and. water quality even in years of normal rainfall. (4) The length and severity of droughts in California cannot be predicted with any accuracy: (5) There are various additional factors which affect our ability to ensure that adequate water supplies are available for all of California's water demands. (6) Because of these factors, it is not possible to guarantee a permanent water supply..for all water users in California in the amounts requested. (7) Therefore, it is critical that California's water agencies carefully assess the reliability of their water supply and delivery systems. (8) Furthermore, it is vital that there be close coordination and consultation between California's water supply agencies and California's land use approval agencies to ensure that proper water supply planning occurs in order to accommodate projects which will result in increased demands on water supplies. CA AB 455 07/02/91 Page 3 (b) It is, therefore, the intent of the Legislature to provide a standardized process for determining the ability of water suppliers to provide water service to proposed development projects. 65958.1. This article shall apply only to [A> development <A] projects determined to be of sufficient statewide, regional, or areawide environmental significance pursuant to Section 21083 of the Public Resources Code. 65958.2. (a) Upon adoption or revision of an.urban water management plan pursuant to Part 2.6 (commencing with Section 10610) of Division 6 of the Water Code, each urban water supplier shall submit_a copy [A> of the plan <A] to each city and county within that supplier's water service area. (b) Upon adoption.or revision of a capital improvement [A> program or <A] plan, each water retailer shall submit a.copy [A> of the program or plan <A] to each city and county within that [u= supplier -'6, -DI [A> retailer's <A] water service area. (c) If the water retailer is not required to adopt an urban water management plan or capital improvement [A> program or <A] plan, the agency shall submit its.appropriate water supply planning document to each city and county within that retailer's water service area.. 65958.3. Prior to acting on an application fora development project, the lead agency shall consult with the water [B> supplier -GI [A> retailer <A] which supplies water to the service area of the proposed [A> development <A] project concerning whether there exists a long-term, reliable supply of water adequate to serve the proposed development project, in addition to existing customers already served by . that water eD1 [A> retailer <A] , as described in the appropriate urban water management plan, capital improvement [A> program or <A] plan, or other appropriate water supply planning document. 65958.4. The water EBS suppliercD^] [A> retailer <A] which supplies water to the service area of the proposed development project shall make a written determination concerning the availability of a long-term, reliable supply of water to serve the proposed [A> development <A] project in addition to the existing customers already served by that [D> sdpplier <D1 [A> retailer <A] . 65958.5. In making this written determination, the water rn� y,tppi;o,- en i [A> retailer <A] shall rely upon the following, as appropriate: (a) Its adopted urban water management plan. (b) Its adopted capital improvement [A> program or <A] plan. (c) Any other appropriate.water supply planning document. (d) Any additional factors [^—a"__ - '«"-._ _bi41 .— D-,] [A> affecting the ability of the water retailer <A] to provide water to its existing customers and proposed new customers !D= e^] [A> and which are <A] not contained in any of the documents described in subdivisions (a), (b), or (c)• 65958.6. Based on the written determination submitted by the water ] [A> retailer <A] pursuant to Section 65958.4, the lead agency shall make written findings concerning the availability of a long-term, reliable supply of water for the proposed development project. 65958.7. In the event that the water ] [A> retailer's <A] written +Da,- [A> determination <A] concludes that there is not a long-term, reliable , land Wit: authority --may 4D [A> supply of water, the lead agency shall <A] consider the availability of an alternative supply of water, including groundwater, or water made available through conservation, reclamation, retrofitting, and other activities [A> , <A] to make water available for the proposed [A> development <A] project, and [By-mmy<B] [A> shall <A] make the written findings called for in Section 65958.6 based on the existence of this alternative supply. 65958.8. (a),As used in this article, "long-term, reliable supply of water" means water availability consistent with the plans, policies, and programs of the appropriate water [A> retailer <A] . These plans, policies,,. and programs may include, but need not be limited to, such factors as all of the followings - (1) Water storage capacity. (2) Existing demands and demand projections. (3) Treatment capacity. (4) Reliability and security of transmission facilities. (5) Conservation performance. (6) Water reclamation. (7) Drought considerations. (8) Groundwater considerations. (b) Identification of an available long-term, reliable supply of water shall be a term used for water supply planning and [A> in <A] . determining the likelihood that a [A> retailer <A] can meet the reasonable needs of its customers, taking into account all of the variables in providing water service. The.existence of a long-term, reliable supply of water shall not convey any entitlement or right to receive a particular level of water service, nor shall it constitute a permanent right to.water on the part of anyone. Water service to customers shall continue to be governed by policies of the water [ er—Q) [A> retailer <A]-. A long-term, reliable supply of water shall not include a guarantee concerning the ability of a water retailer to serve its customers. 65958.9. A public agency may,charge applicants a fee not to exceed CA -AB 955 07/02/91 Page 5 the amount reasonably necessary to provide the service required by this article. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the local agency or school district has :the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health,.or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The severe drought conditions currently prevailing throughout California make it imperative that this act take effect immediately. END OF REPORT CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council FROM: Michael P. Murphy, Intergovernmental Relations Offic �� DATE: July 9, 1991 SUBJECT: Assembly Bill 638 Background At the June 25, 1991 regular meeting of the City Council, Councilmember Darcy requested that AB 638 authored by Assembly Member Boland (R=Granada Hills) be considered at the July 9, 1991 City Council meeting. Existing law specifies statute of limitations for specified sex crimes. This bill would extend the statute of limitations for specified sexual offenses by allowing the filing -of a criminal complaint within one year of a court finding by clear and convincing evidence, independent of the victim's allegation, that one of the specified offenses was committed upon a person when that person was under 17 years of age. The crimes covered under this bill are rape,. sodomy, lewd or lascivious act upon a child under 14, oral copulation, continuous sexual abuse of a child or rape by_a foreign object. Proponents of AB '638 contend that child sexual abuse cases frequently come to the attention of law enforcement when the victim, now an adult, reveals that they had been sexually abused as a child. Under current law, due to the statute of limitations, cases of this nature cannot be pursued in criminal court unless the crime was committed within six years or less of the disclosure dependent upon the nature of the crime. Supporters of the bill state that crimes are able to be perpetrated and not punished because the victims are children. Those favoring the legislation also point to a safeguard which requires that clear and convincing evidence,. independent from the victim's allegation; must , be demonstrated before a complaint can be filed. A number of law enforcement organizations, including the Los Angeles. County Sheriff's Department, support AB 638. Assembly Bill 638 Page 2 Opponents of the bill believe that the time lapse between the occurrence of the crime and trial lessen the chances of obtaining a conviction. California Attorneys for Criminal Justice feel this bill takes away an accused person's right to a speedy trial and is reliant on fading memories and the availability of witnesses, who may no longer be available. for trial. The California District Attorneys Association notes that evidence. obtained through physical examination of the victim, which is often the. most crucial' evidence,. is lost with the passage of time. AB 638 has been referred to Interim Study by the Assembly Public Safety- Committee. This referral allows the bill's author to utilize the Legislature's fall recess in an effort to reach compromise between the bills.proponents and opponents. The City Council Legislative Committee considered the bill at their July 1, 1991 meeting. The Committee agrees with the measure's intent and gave conceptual support of AB 638. They also urge all parties to work aggressively in reaching a compromise on the bill. Recommendation The City Council Legislative Committee recommends support for AB 638 as outlined above. Statements of support should be transmitted to Assembly Member Boland, Santa Clarita's Legislative Delegation,- appropriate legislative committees and the League of California Cities. MPM:tkh:jjm 431 CA AB 638 06/26/91 Page 1 Amended ASSEMBLY BILL zssszaazssazz AMENDED IN ASSEMBLY MAY 14, 1991 AMENDED IN ASSEMBLY APRIL 24, 1991 No. 638 zxssaaezazzaaszsasaazzxxaazsazssaaaaxzanazxza:axsaassxxaza Introduced by Assembly Member Boland (Principal coauthor: Assembly Member Statham) (Coauthors: Assembly Members Alpert, Archie -Hudson, Bentley, Chacon, Eastin, Ferguson, Filante, Hansen, Hughes, Hunter, Lewis,.Knowles, Polanco, Roybal-Allard, Seastrand,.Speier, and Tanner) (Coauthors: Senators Bill Greene, Morgan, Vuich, and Watson) February 20, 1991 asazanasaaaasaaazaaasaaaazasaasavaaasaaaanaasaaascaaaaaaassaaasaaasassaaasszza An act.to amend Section 803 of the Penal Code, relating.to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 638, as amended, Boland. Sex crimes: limitations of actions. (1) Existing law establishes statutory limitation periods for commencing criminal actions, as specified. Under those provisions, existing law generally requires,the'prosecution of'a felony to be commenced within 3 years, except that if an offense is punishable by imprisonment for 8 years or more, prosecution is required to be commenced within 6 years: Existing law also generally requires the prosecution of a misdemeanor to be commenced within one year, except where specified misdemeanor offenses relating to sexual crimes are committed with or upon a minor under 11 years of 'age, in.which case prosecution is required to be commenced within 2 years. (2) Existing law also provides that with respect to specified felony and misdemeanor offenses relating to sexual crimes against persons under 17 years of age, the limitation does not run until one year from the date the child makes"a report to a responsible adult or agency, as defined, that the child is a victim of any of those sex crimes, as specified. These provisions apply only if the specified limitation periodin(1) has expired and the defendant has committed at least one violation of one of those sex crimes within its specified limitation period. This bill would add the crime of 'continuous sexual abuse of a child, as_specified, to those extended statute of limitation provisions. In j addition, the bill would provide that notwithstanding these (0s aad bther-d)-] statutory limitation periods, (E)> p�aseeutian may be eemen bY-a- - 8 - ye arc of -Or-olds" ill ging that _ _r____ zge -_moo- perscuar- :.iia-yietim of these specified ee =imes -nj (A> whenever a person 17 years of age or over alleges that he or she, when under 17 CA AH 638 96/26/91 Page 2 years of age, was a victim of a specified sex crime, a criminal complaint may be filed within one year of a finding by a court of competent jurisdiction, by clear and convincing evidence, independent from the allegation of the victim, that one of those crimes occurred <A] . In addition, this provision would apply only if a specified limitation period in (l) has expired. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council FROM: Michael P. Murphy Intergovernmental Relations Office �p DATE: July 9, 1991 SUBJECT: Senate Bill 487 Background Existing law authorizes the California Integrated Waste Management Board (CIWMB) to administer the California Integrated Waste Management Act of 1989 (AB 939). Senate Bill 487 has been introduced by Senator Marian Bergeson (R -Newport Beach) in an effort to strengthen the relationships between the state policy making body, CIWMB, and local governments as the first line implementers of the policies. This bill would require that the CIWMB create a nine -member advisory committee comprised of local government representatives. The advisory committee shall be known as the Local Government Technical Advisory Committee and shall be in effect until January 1, 1995, or until a local government representative is seated on the California Integrated Waste Management Board., The Local Government Technical Advisory.Committee shall serve as the liaison between CIWMB and local government. The Advisory Committee shall have the charge of advising the Board on local impacts of CIWMB policies and regulations in addition to providing advice on regional approaches to solid waste management. The Advisory Committee shall meet not less than quarterly and have its recommendations transmitted to the Board in a timely fashion. Membership on the Local Government Technical Advisory Committee shall be selected by the Governor, Senate Committee on Rules or Speaker`of the Assembly -under specified guidelines. Of particular interest to the City of Santa Clarita would be two appointments of representatives of cities to be made by the Governor. One appointee shall have "demonstrated expertise in source reduction and recycling." The second city representative shall have "demonstrated expertise in solid waste management planning." One appointee shall have "demonstrated expertise in the collection phase of solid waste management." The Senate Rules Committee will also appoint a representative of cities with expertise in the "disposal phase of solid waste management." The.appointees need not belocally elected officials. Page 2 While there are no guarantees for specific appointments, Santa Clarita's leadership role in addressing 'solid waste management issues would certainly place the City in an advantageous position for consideration of an appointment of a local individual for at least one of the city representative positions. SB 487 is an urgency measure which if enacted would become effective upon the Governor's signature. The City Council Legislative Committee met on July 1, 1991 and adopted a support position for SB 487. The Committee further suggested,that the City seek to secure a local appointment for . one of the City representative positions outlined in the bill should it be enacted into law. Recommendation The City Council Legislative Committee recommends support, for SB 487. Statements of position should be transmitted to Senator Bergeson, Santa Clarita's Legislative Delegation, appropriate legislative committees and the League of California Cities. Should SB 487 be enacted, City staff is directed to work.toward securing a local appointment to one of the city representative positions outlined in the legislation. MPM/spk 2390 CA SB 487 06/25/91 Page 1 Amended AMENDED IN SENATE JUNE 9, 1991 AMENDED IN SENATE JUNE 3, 1991 AMENDED IN SENATE APRIL 16, 1991 SENATE BILL No. 487 aaaaasaaaaa=aaaaavaaa=aaaaaaaaaaaaasaaaa.asaasaaasaaaaasaaas=asaaaaaasaasasaaaa Introduced by Senator Bergeson February 26, 1991 asa==aavaaaa=a=aaaaaa===a.aaaaaaaa==aa=aaaaaaaaasaaaasaaaaaaaaaasas=aaaasaaaava An act [A> to amend Section 42145 of, and <A] to add and repeal Chapter 4 (commencing with Section 40700) of Part I of Division 30 of (A> , <A] the Public Resources Code, relating to solid waste, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 487, as amended, Bergeson. Solid waster Local Government Technical Advisory Committee. [A> (1) <A] Under existing law, the California -Integrated Waste Management Board is required to administer the California Integrated Waste Management Act of 1989. Existing law provides for the Source Reduction Advisory Committee to make specified recommendations to the board relating to source reduction. This bill would create.the Local Government Technical Advisory Committee in the board, whose members would be appointed, as specified, by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly for terms.of 2 years. The bill would specify the duties of the advisory committee and would require the board to provide staff to assist the advisory.committee. Each member would be required to file a disclosure statement with the Fair Political Practices Commission. A member who participates in making any recommendation to the board if the member has an interest in any private solid waste enterprise, or who fails to file a statement, would be subject to a civil penalty of up to $1,000. [A> These <A] provisions wouldremainoperative until January 1, 1995, or until the operative date of any amendments to a specified provision requiring the appointment to the board of a representative of local government, whichever occurs earlier. The provision would be repealed on January 1, 1995. [A> (2) Under existing law, until July 1; 1997, the board is CA SB 487 06/25/91 Page 2 authorized,- upon appropriation by the Legislature in the annual Budget Act, to make low-interest loans under specified conditions to local governmental agencies and private business entities within a recycling market development zone from the Recycling Market Development Revolving Loan Account, for the purpose of assisting the board and local agencies in complying with specified requirements for city or county recycling and resource recovery elements and promotion of the implementation of source reduction, recycling, and composting, environmentally safe ,b transformation, and environmentally safe land disposal. The board is authorized to establish and collect loan application fees for the loans. [A> This bill would instead provide for the fee to be set at a level determined by the board to represent a reasonable and equitablefee for the service, and would additionally authorize the board to fund administration of the program from the Integrated Waste Management Account. <A] [A> (3) <A] The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no.