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Home My WebLink About1990 CITY COUNCIL REFERRAL NEETING OF' 10/03/90 REFERRED TO' INTERGOVERNMENTAL RELATIONS J STZNSON ZTEN: RECORD¢ 6288 Possible Gate Fees for Fiscal Year 1991-92. ( Smi th ) ACTION TAKEN BY COUNCIL' REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE. BACKUP NATERIAL ATTACHED: NO ' DATE FORWARDED BY CITY CLERK' 10/04/90 STATUS' PLEASE ENTER THE STATUS INTO THE PRINE COMPUTER COUNCIL REFERRAL TRACKING SYSTEH AS PROGRESS IS MADE, CITY COUNCIL REFERRAL MEETING OF: 09/27/89 REFERRED TO: INTERGOVERNMENTAL RELATIONS J STINSON ITEM: RECORD¢ 4062 Santa Fe Railroad Piggyback Service. (Salvaggio) ACTION TAKEN BY COUNCIL: STAFF REQUESTED TO DRAFT A LETTER (FOR COUNCIL APPROVAL) TO SANTA FE RAILROAD IN SUPPORT OF CONGRESSMAN BILL THOMAS AND SUPERVISOR MARY KAY SHELL, ET AL. MOTION TO REFER TO THE INTERGOVERNMENTAL RELATIONS COMMITTEE. APPROVED. BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 10/05/89 STATUS: PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE. CITY COUNCIL REFERRAL MEETING OF: 09/05/90 REFERRED TO: INTERGOVERNMENTAL RELATIONS J STINSON ITEM: RECORD¢ 6137 Report No. 13-90 from the Budget and Finance Committee regarding Implementation of Property Tax Administration Charge and Jail Booking Charge by Kern County. ACTION TAKEN BY COUNCIL: (A) MOTION TO ACCEPT REPORT. APPROVED. (B) MOTION TO IMPLEMENT THE RECOMMENDATIONS. APPROVED. (C) THIS MATTER TO BE REFERRED TO INTERGOVERNMENTAL RELATIONS COMMITTEE. BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: 09/07/90 CITY COUNCIL REFERRAL MEETING OF: 08/08/90 REFERRED TO: INTERGOVERNMENTAL RELATIONS J STINSON ITEM: RECORD¢ 5528 Proposed Kern County Ambulance Ordinance. (Smith) ACTION TAKEN BY COUNCIL: MOTION TO REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE. APPROVED, BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 08/09/90 STATUS: PLEASE ENTER THE STATUS INTO THE PRIME COHPUTER COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE. Councilmember Demon~ - request at Council Meeting of There is talk and comment that has come to me that the County will possibly be taking action sometime in the future about rates and that their action may be overtak- ing what we have done. I would like staff to be in a position to refer or respond to their comments and their ~~~'s~comments that they have .precidence over us and make sure that when that comes down that we be in a position to answer that in a positive manner for the City. DATE · A. , SIGNED . '~, CITY 'OF BAKERSFIELD / CALIFORNIA CITY HALL FAX PHONE NO. (805) 323-3780 TELECOPIER MESSAGE DATE: ~~ ~ 19.~ ~> PLEASE ROUTE AS SOON AS POSSIBLE TO: COMPANY/ORGANIZATION: ~,,.~.~ ~.1~/o / ~cr~~~/ ~ ~P~I~ FAXNO. SENDING MESSAGE TO: (~I~ ) ~ ~ ~ ~ ~~ FROM: CITY OF BAKERSFIELD DEPT: ~L~ ~~,~'~ ~~ OFFICE PHONE NO: %~ -~ ~ ~ ~ DEPT. CODE (3 DIGIT SUB PROGRAM ~): ~- ~ ~ NUMBER OF PAGES (INCLUDING COVER SHEE~: ~ SPECIAL INSTRUCTIONS: 1501 TRUXTUN AVENUE -k BAKERSFIELD, CA 93301 White: Department Copy Yellow: Clerk's Copy AB 40ii8 --Il ..... ..) ! the provisions o£ EMS agency o.~ the county or region be the regulatOry authority for cities arid unincorporated areas o£ the c, otmty or, 2 same date that reg!on, and wo.uld require the authority to aaopt ann 3 California Comti mmntsin regulatio~ which define the scope of the local EMS agencies to administer the EMS system components within the county or region, The California Constitution requires the state to reimburse 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, Vote: majority, Appropriation: no, Fiscal committee: yes, State-mandated local program: yes, The people o£ the State o£ California do enact as £ollowm SECTION 1, Section 1'/97,104 o£ the Health and Safety Code is amended to read: i 1797.104. (a) The local EMS agency shall administer, plan, implement, regulate, modify, and evaluate e- E.e ~6 emergency medical services system, ia .s~ ~ 9 ~ ~ncludlng, bur nor 'Fm~.t_e~/W, an ct rne 10 components listod in Section 1.70.7.1~,3~ ....... ~_,, i1 (b) ' The loeM EMS agency of th~ounty or reg~on snaq 13 arets of the county or rea,ion.~,The EM5 Authority shall 14 adopt and maintmln regulatioz~ which define the. s. eop, e. iii authority of local EMS agencies to administer, me r.,,~a ,. 16 system components wftlu*n the county or 17 SEC. I. No reimbursement is required by this act 18 pursuant to Section 6 of Article XIII B of the California 19 Constitution because th:is act is in accordance with the 20 request of a local agency or school district which desired 21 legislative authority to car? out the program_sped.fled.in 92 this act. Notwithstanding Section 17580 of the 23 Government Code, unless otherwise specified in this act, ASSEMBLY BILL No. 40S8 Introduced by Azsembly Member Wyman March o~, 1990 An act to amend Section 1797.204 of the Health and Safety Code, relating to emergency medical services, LEGISLATIVE CO~SEL'8 DIGEST AB 4058, as introduced, Wyman, Emergency medical services system: local administration, Existing law, the Emergency Medical Services System and Prehospital Emergency Medical Care Personnel Act {herea/'t~r, the EMS Act), the Emergency Medical Services Authority is established within the Health and Welfare Agency to adm/n/ster the emergency medical service system to coordinate and integrate effective and efficient emergency., mad/cai services throughout the 58 counties of the state. The EMS Act, in part, requires the authority to develop planning and hnplementation guidelines for emergency" medical services systems which address specified components, receive implementation plans from local EMS agencies, assess each EMS area, and provide technical assistance to local agencies for the purpose of developing the component~ of the EMS systems. Ex/sting law requires that the local EMS ,agency p!an, implement, and evaluate an emergency medical servzces system, in accordance with the EMS Act, consisting of an organ/zed part. em o£ readiness and response services Based on public and pnvate agreements and operational procedures, This bill would modify th/s provision to, instead, require the local EMS agency to administer, plan, .i~.plement, r,egulate, modify, and evaluate the emergency mechcal services system, incluchng specified components, It would require the local -- 3 -- AB 4055 n be the retaliatory ~' 1 the pro.ions of this act sh~ become operable on the areas oF the ~oun~ or ~ s~e date ~at the a~t t~es e~ect pursuit to the ~ori~ to a~op~ ~ ' 3 C~or~a Cons~tion, ,cope of the loc~ ~ compoaen~ the state to reimburse ert~ costs m~da~d ablish procedures ~or bursement is ~quired ~iscal committee: of the Health and ;enc¥ ~hall admire'stet, ~ ~d ev~uate ~ ~e ~tmd ~, ~ oF the p EM~ du~o~ ~ [~ a~~ the EMS ~ty ~ ~. '~ " req~red by t~ act Iii B of ~e C~o~s · ~cord~ce ~th ~e · s~iet w~eh desired e pro~ spewed ~ tion 175~ of ~e ~e speeffied ~ this act, " 'City.. rips legislative bill giving. Kern added ambulance power By JAMES P. MEDINA provides the county b~d j~on, but ~e c~e' b -._. ~o~ ~ ~ vaguely worded ~d po~ibly o~n ~ ~pu~. " ~e CiW Co,cfi, ~ a sffo~ly word~ r~olu~on, ~ f~ ~ rat~, D~w ~ out ~e co~ ..'.:. ~' op~s~ a b~ ~t wo~d broaden ~e au~o~ of ~e co~el's offi~ ~eady ~ ~u~ a leg& op~on Kern ~m~ Emergency MeScal Se~c~ ~p~ent. ~y~ ~e co~ ~ au~o~ ~ adopt ~ o~ · ~cfl members ~id W~y ~e co~ is ~ set ~b~ce fe~. So ~e b~ wo~d ~ve U~e. ~' p~g for ~e ~ge of ~sembly B~ ~ so it ~ ' ~pact ~ ~t regal, he ~d. ~e ci~ do~ not a~, howev~. a~are~. ~b~ce ra~s ~ ~e ~r melodeon' ~'A ~pu~ e~ ~n ~e ci~ of Bake~field ~e ~ ~c~ ~tly se~ ~b~ce rates ~ ~d ~e co~ of Kern ~ ~ ~e ~'s ... a~pt ~ ~eo~rated ar~s, ~ed on ~ o~ce ~t w~ regulate rates charged for emergency ambulance .adopt~ sever~ ye~s ago. ~e co~, ~o~, ~ no ~e~c~ ~ ~co~ora~d ~ of ~e ci~," acco~ 'such or~ance, mg ~ a r~olu~ adopt~ ~o~y by ~e ~ ~. ~ resid~ ~nefit ~om ~e rates set by ~e Oty ~c~.- ~cfl. ~ fact, ~ey pay h~ of do~ 1~ for' "~ ~ a~mpt ~ resolve ~ a ~u~ ~ i~ ~b~ce se~ce ~ ~e~ co~ neigh~rs ~ ev~ favor, ~e co~ty of Kern ~ ~k~ for le~on · ose who ~ve nearby ~ ~co~orat~ ~re~ of ~e ' address~g such issue and o~e~ relating to loc~ . ci~. a~ve ~erg~ m~ se~," ~e re~ . .., ~e cowry ~ recent mon~ ~ ~n ~g ~ lu~on ~s. .. el~inate the "~fair" ambulance rate system by ~ 0ffici~ add~ ~t ~e co~ ~k~ ~em- develop~g a co~ o~ce ~t wo~d e~b~ a bl~ P~ W~, R-Te~pi, ~ ~ff~uce ~e b~ co~on ra~ for G~ter B~ersfield, ~d Fr~ ~ew, on i~ ~ff. ~ew ac~owl~g~ ~e co~ p~ for ~r of ~e co~ E~ dep~t. ~ pmpo~, ~e legation ~ a rou~e ~. · ~e ~ ~ ar~ed ~t ~e ~ent ~ h~ · ough, wo~d ~cre~e ciW rat~ ~ w~ch ~ w~t ~d ~e~ ~e d~ not ~ow ~e E~ de~t to co,cfi m~ oppo~. .:' set ~b~ce ra~ ~ ~e ~, ~ on ~e ~ew .~id ~y he w~ not ~ co~ mem~ prot~d ~e bill. Howler, he sup~ ~e ~cfl m~ ~e~ ~ ~ ~nd copi~ of pro~sed ~ge of ~e b~ became it wo~d help. ~ r~olu~on ~ ~e B~ of Su~, W~, c~ ~e au~o~ of ~e E~ dep~ent. Drew ~bl~ ~ ~ey, R-~e~ield, ~d ~te noted ~t ~e s~'s e~g He~ ~d Safe~ ~de S~. ~n ~gers, R-B~e~field. StoOl p~des ~intem toS~Ne~ . BAKERSFIELD April 10, 1990 The Honorable Phil Wyman State Assemblyman 5393 Truxtun Avenue Bakersfield, CA 93309 Dear Assemblyman Wyman: At the direction of the Bakersfield City Council, I am sending you a copy of a Resolution opposing Assembly Bill 4058 relating to local administration of emergency medical services system which was adopted by the City Council on March 21, 1990. The City Council discussed the possible conflicts between this legislation and the City's existing Ambulance Ordinance and the potential for the County to regulate ambulance rates within the City. I am aware that members of your staff are working with both City and County staffs to develop some compromise to the proposed legislation. The City of Bakersfield is interested in maintaining its authority over the regulation of ambulance rates within the City. Please contact me if I may be of assistance in this matter. Sincerely, ~d. Dale Hawley ~ City Manager JDH:jp Enclosure cc: Honorable Mayor and Members of the City Council Kern County Board of Supervisors Senator Don Rogers Assemblyman Trice Harvey League of California Cities Fred Drew, Kern County Emergency Medical Services City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 323-3780 RESOLUTION NO . 29 - 90 A RESOLUTION OF THE COUNCIL OF THE · CITY OF BAKERSFIELD OPPOSING ASSEMBLY BILL NO. 4058 RELATING TO LOCAL ADMINISTRATION OF EMERGENCY MEDICAL SERVICES SYSTEM. W/4EREAS, a dispute exists between the City of Bakersfield and the County of Kern as to the County's or County Emergency Medical Service's attempt to regulate rates charged for emergency ambulance services within the incorporated limits of the City of Bakersfield, a chartered municipal corporation; and WHEREAS, in an attempt to resolve such dispute in its favor, the County of Kern has asked for legislation addressing such issue, and others relating to local administrative emergency medical services, and Assemblyman Wyman has introduced Assembly Bill No. 4058 in response to such request; and WHEREAS, Assembly Bill No. 4058 does not specifically allow the County or County Emergency Medical Services to specify minimum rates for emergency ambulance services within a chartered city and the passage of such bill would fail to clarify the issue, but may be interpreted as authorizing the County or County Emergency Medical Services to enforce such rates with the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The Council of the City of Bakersfield hereby expresses its opposition to Assembly Bill No. 4058 and directs the Clerk to forward certified copies of this resolution to the Board of Supervisors of the County of Kern, to Assemblyman Wyman and Assemblyman Harvey, to Senator Rogers, and to the League of California Cities. o0o-' I HERRBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~A~ ~ ~ 1990 , by the following vote: AYES: COUNCILMEMBERS: EDWARD.~, DeMOND, SMITH, BRUNNI. PETERSON. McDERMOTT, SALVAGGIO NOES: C0UNCILMEMBERS: ~o~Jg ABSENT COUNCILMEMBERS: ABSTAIN: COUNCIl. MEMBERS' CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED MAR 2 1. 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ~~the City of Bakersfield AJS/meg AB4058. RES 3/14/90 - 2 - BAKERSFIELD April 11, 1990 The Honorable Don Rogers State Senator 1326 "H" Street, Suite 15 Bakersfield, CA 93301 Dear Senator Rogers: At the request ofthe Council of the City of Bakersfield, I am sending you a copy of a Resolution of the Council opposing Senate Bill 1770 relating to the creation of the San Joaquin Valley Air Quality Management District. The City Council adopted this Resolution at its March 21, 1990 meeting. The Bakersfield City Council is supportive of local control of air pollution control programs combined with a regional approach to planning and research as represented in the recently formed San Joaquin Valley Air Quality Authority. The City Council also has concerns regarding the funding of air pollution control programs as described in Senate Bill 1770. Currently, funding of air pollution control programs are a local matter. This bill will establish a schedule of fees to cover the cost of implementation and operation which are anticipated to cost more than the San Joaquin Valley Air Quality Authority based on comparable budgets in other areas of the State. Also, areas with high concentrations of industrial services, but relatively small populations, could be required to provide a disproportionate share of total fees. Sincerely, Dale Hawley L/ City Manager JDH:jp Enclosure cc: Honorable Mayor and City C~ouncilmembers Kern County Board of Supervisors State Senator Dan McCorquodale League of California Cities City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 323-3780 BAKERSFIELD April 11, 1990 The Honorable Trice Harvey State Assemblyman 2222 "E" Street, Suite 3 Bakersfield, CA 93301 Dear Assemblyman Harvey: At the request of the Council of the City of Bakersfield, I am sending you a copy of a Resolution of the Council opposing Senate Bill 1770 relating to the creation of the San Joaquin Valley Air Quality Management District. The City Council adopted this Resolution at its March 21, 1990 meeting. The Bakersfield City Council is supportive of local control of air pollution control programs combined with a regional approach to planning and research as represented in the recently formed San Joaquin Valley Air Quality Authority. The City Council also has concerns regarding the funding of air pollution control programs as described in Senate Bill 1770. Currently, funding of air pollution control programs are a local matter. This bill will establish a schedule of fees to cover the cost of implementation and operation which are anticipated to cost more than the San Joaquin Valley Air Quality Authority based on comparable budgets in other areas of the State. Also, areas with high concentrations of industrial services, but relatively small populations, could be required to provide a disproportionate share of total fees. Sincerely, ~J. Dale Hawley~ City Manager JDH:jp Enclosure cc: Honorable Mayor and City Councilmembers Kern County Board of Supervisors State Senator Dan McCorquodale League of California Cities City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 323-3780 BAKERSFIELD April 11, 1990 The Honorable Phil Wyman State Assemblyman 5393 Truxtun Avenue Bakersfield, CA 93309 Dear Assemblyman Wyman: At the request of the Council of the City of Bakersfield, I am sending you a copy of a Resolution of the Council opposing Senate Bill 1770 relating to the creation of the San Joaquin Valley Air Quality Management District. The City Council adopted this Resolution at its March 21, 1990 meeting. The Bakersfield City Council is supportive of local control of air pollution control programs combined with a regional approach to planning and research as represented in the recently formed San Joaquin Valley Air Quality Authority. The City Council also has concerns regarding the funding of air pollution control programs as described in Senate Bill 1770. Currently, funding of air pollution control programs are a local matter. This bill will establish a schedule of fees to cover the cost of implementation and operation which are anticipated to cost more than the San Joaquin Valley Air Quality Authority based on comparable budgets in other areas of the State. Also, areas with high concentrations of industrial services, but relatively small populations, could be required to provide a disproportionate share of total fees. Sincerely, ~ · Dale Hawley ~ City Manager JDH:jp Enclosure cc: Honorable Mayor and City Councilmembers Kern County Board of Supervisors State Senator Dan McCorquodale League of California Cities City of Bakersfield · City Manager's Offi~:e · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 323-3780 RESOLUTION NO. 30-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD OPPOSING SENATE BILL NO. 1770 RELATING TO CREATION OF THE SAN JOAQUIN VALLEY AIR QUALITY MANAGEMENT DISTRICT- WHEREAS, Senate Bill No. 1770 would create the San Joaquin Valley Air Quality Management District (hereinafter, "the district") which would assume all authority, responsibility, functions and duties of the county air pollution control district of eight valley counties, including that of the County of Kern; and WHEREAS, the eight counties have recently formed an authority to strengthen the regional approach toward ai~ pollution control in the San Joaquin Valley; and WHEREAS, local control of air pollution control programs, combined with a regional approach to planning and research, provides the most effective, efficient and responsive regulation of air pollution; local air pollution control boards are sensitive and responsive to the public health needs and wants of their constituents; local officials have immediate access to the information and experts needed to solve very 'specialized local problems; solutions to specialized local air pollution problems are most quickly formulated and solved by local boards; this benefit to the population should be preserved by protecting local control; with the formation of the Authority, local control will be preserved while achieving a regional approach to air pollution attaintment plan development, enforcement proceduresf settlement schedules and rules, to the extent allowed by law, in the Valley basin; and WPIEREAS, the Authority allows for regional planning of air pollution control regulations for the Valley basin; it properly strengthens the control of air pollution on a regional basis, but also preserves local fee setting.authority, local hearings on air quality regulations and local control of air quality staff; conversely, the proposed valley district would shift fee setting authority to a regional, indirectly elected body and could possibly result in an organization operated out of Fresno and the reassignment of local air pollution control district staff to the new agency; this proposed addition of another layer of government would most likely result in more costs, delays and public inconvenience- WHEREAS, currently, funding of air pollution control programs is a local matter; however, this bill provides for the proposed valley district to establish a schedule of fees to cover the costs of implementation and operation; it is anticipated the valley district will cost significantly more based on comparable budgets in other areas of the state; in addition, areas with high concentration of industrial sources, but relatively small populations, could be required to provide a disproportionate share of the total fees; and WHEREAS, the Kern County Board' of Supervisors has taken a position in opposition to Senate Bill No. 1770. NOW, THEREFORE, BE IT RESOLVED bY the Council of the City of Bakersfield as follows: 1. The Council of the City of Bakersfield hereby declares its opposition to Senate Bill No. 1770 (McCorquodale); and 2. The Council of the City of Bakersfield directs the City Clerk to forward certified copies of this resolution to: the Kern County Board of Supervisors, Senator Rogers, Assemblyman Wyman, Assemblyman Harvey and Senator McCorquodale. --o0o .......... _l 2 -- I HY~REBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on u___~ ~ ~ 1990 _, by the following vote: AYES; COUNCILMEMBERS: EDWARD$:,DeMOND. SMITH. BRUNNI. PETERSON. McDERM01'[. SALVAGGIO NOES; COUNCILMEMBERS: ~ ABSENT COUNCILMEMBERS: ~ ABSIAIN: COUNCILMEMBERS'~ /s/ Carol Williams CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED I, IIAR 2 1 19§D /s/ Clarence E. Medders CLARFRqCE E. ~IEDDERS MAYOR of the City of Bakersfield APPROVED as to form: /s/ Arthur J. Saalfield ARTHUR O. SAALFIELD CITY AT~RNEY of the city of Bakersfield AOS/meg $B1770.RES 3/14/90 - 3 - July 19, 1990 HEALTH AND SAFETY CHAPTER 8.12 The purposes of this chapter are: A. To enact policies and regulations which are necessary for the public health and safety regarding ambulance provider services in the County; B. To enact policies and regulations for issuing permits and regulating air and ground ambulance services to ensure competent, efficient and adequate care is provided within the County; C. To allow for adequate ambulance services and rates in all areas of the County, and; D. To allow for the orderly and lawful operation of the Emergency Medical Services (EMS) System pursuant to the provisions of Division 2.5 of the Health and Safety Code commencing with Section 1797 et seq. II. INTENT AND APPLICABILITY A. It is the Board of Supervisor's intent with this ordinance to undertake the prescribed functions and responsibilities of a local government entity concerning ambulance services as authorized by the State of California pursuant to, among other authority, Health and Safety Code Sections 1443.and 1797, et seq., Welfare and Institutions Code Section 17000, and Vehicle Code Section 2512. B. It is the Board' of Supervisor's further intent in enacting this ordinance to exercise to the full extent allowable under the laws of the State of California its discretion and authority to regulate emergency and non-emergency ambulance transportation services throughout all the unincorporated .and incorporated areas of the County of Kern. This ordinance is not intended for "medi-vans" or .gurney-vans" and their associated non- emergency services. III. DEFINITIONS For the purposes of this Chapter, the following terms shall have the meanings set out in this section: ' Life Support (ALS) Ambulance' shall, mea~ .a~ A. Advanced ........ --~-^~ ~ertification wnmcn ambulance with valid California HighWay r~&~* ~ nel equipment and supplies set forth in Title has the basic person , ........ ._ ~^~. ~ eoulations and 13 and Title 22 of the CaAx~ornAa ~v,- -- R . Department specifications. B. .Ambulance Attendant" shall mean a qualified person certified to act as an attendant on an ambulance While transporting a patient. C. .Ambulance" means a vehicle certified by the California Highway Patrol that is specifically constructed, modified, equipped, designed, used and operated for transporting sick, injured, convalescent, infirm, or otherwise incapacitated persons. The specifications of this Chapter also apply to air ambulance services (EMS aircraft services) where appropriate· .Medi-vans' not included in this definition, nor are and/or .gurney-vans'_a~e. _ __ they meant to be used xn=ercnangeaDlY with .ambulance'. · . business or service' means the business of or D. Ambulance ......... ~-fl 'or maintaining as principa~ a person owning, opera%~_n~Z__~'L~%~ed as in subsection C or 9 o~ or agent one o emergency &nd/or non- this Section, ~?r ~fle m"t_~?gi_-~%'hin the County EMS system. e serv~uu w~ emer ency ambu~e~? ........... ~. are exempt from oections of this Chapter as determln~u -¥ ~ ' service outside their industrial or military boundaries. E. -Ambulance service rates" means any monetary charge, fare, rate or other consideration or compensation for ambulance service. · fe su port xmbul nce' Title 22, California co(Is o ~ specifications. G. .Board" means the Board of Supervisors of the County of Kern. H. -Days" shall mean calendar days, unless otherwise specified. I. .Department" shall mean the Kern County Emergency Medical Services Department. j. .Director" means and refers to the public official in charge of the emergency medical services system and Emergency Medical Services Department for the County of Kern, State of California. K. "Driver' shall mean a qualified person who operates an ambulance as specified by Title 13, California Code of Regulations and in the appropriate section of this Chapter. L. ,Emergency call' shall mean reqUest for the dispatch of an ambulance to respond, transport ~r provide other assistance to persons in sudden need of immediate.medical attention. M. ,Emergency Medical Technician'lAmbulance (EMT-1A)" shall be a person trained and certified to provide basic life support according to standards as prescribed by Division 2.$ of the California Health and Safety Code. N. -Emergency Medical Technician-! Non-Ambulance (EMT-1NA)" shall be a person trained and certified to provide basic life support according to standards as prescribed by Division 2.5 of the California Health and Safety Code. O. ,Emergency Medical Technician-Paramedic (EMT-P)' shall be a person specially trained and certified to provide advanced life support according to standards prescribed by Division 2.5 of the California Health and Safety Code. p. ,Emergency service' sh~ll mean any service provided during the dispatch, response and prehospital phase of an emergency call. Q. 'EMS Aircraft' shall mean any aircraft certified as an air carrier by the Federal Aviation Administration and designated in compliance with Title 22 and Department specifications'designed and equipped to provide air transport of sick, injured, convalescent, infirm or otherwise incapacitated persons. R. 'Level of Service' is the type of emergency medical services that may be provided By a permit holder, and will be specified as basic life support or EMT-1A provider, and/or advanced life support or EMT-P provider service rendered by personnel certified as specified in Division 2.5 of the California Health and Safety Code and Title 22, Division 9 of the California Code of Regulations. S. ,Non-emergency call', shall mean any request for the dispatch of an ambulance other than to respond to an emergency call. T. ,Non-exclusive Operating Area or Service Area' shall be specific geographic emergency ambulance transport service areas of the County adopted by the Board. U. ,Operation within the County' means the receiving, picking up, or embarking within the County of a sick or injured person for transportation or conveyance to any point within or without the county by a state licensed ambulance. · 11 mean an apparently wounded, injured, V. ,patient ~ha .... ~er incapacitated person or any . , ' lid, conva£escenu, v~ sick_ ~nva - ........ tn- ambulance transport· person reques~n~ vA -~* = valid written authorization from Board ALS ~,. ,permit' means a 'to provide emergency and non-emergency ambulance BLS and/or service within the County. X. .permit holder or Permittee' is any person or company in rmit where it has been determined there possession of.a 'w. lfar., con,.si.no._and under the prov~a~ -ermit granted by the Boa~c ~nu .-_?o-- possessing a curr~u ~_=..,..~ nn~i~e hin the uoun=y. Department to provlce ammu~n ........... Wit :v. A It shall be unlawful for any person, either as owner, to operate, conduct, advertise, engage in or · 'the agency or oth~rwise, - in the business or service of rofess to De ~ng&~eu =_ =. --~-lance u~on the streets or any ~ransportation ~ pa~le~ ~.~j~ of 't~'~ County or within the ublic way or place in ~ne u~ P limits of the cities of the county, except in conformance with B All ambulance service providers in the County ut ~ern (inclu~ing both ground and air) are required by this Chapter to to rovide emergency and non-emergency uermit from County _ P . _~ ~--- D-~ ment shall ambulance serv~- ~'---~ ;==,,~nce of Dermi=s. establish procedures ~o~ ~,,; C. The Board shall make.the final determination whether or health, safety, welfare, convenience, not there is a ~u~lic ~_ , .... -nce of an ambulance permit ~to necessity and ~ee~_Z°~,~t_'~-recommendation by Oepar=men=. operate in the county o~ D. provi~ers will conform to all laws, rules, and forth in the California Vehicle Co~e, California regulations set Health and Safety Code, and all federal, state and County codes and regulations applicable to emergency medical services. E. Nothing in this Chapter shall be construed to modify or in any way affect existing state laws concerning ambulance services. · nd ersonnel standards specified in this F. The equipmen~ ~ P - -~0. however, the licensing and ~-~ter aooly to all ambu~nce~er~, ~o vehicles operated as ~"~ '' s shall no~ apw~x ~ ,state permit requirement .... ~ ~f local authorities during _any ambulances a= the r~u~=~1 imed ,state o~ emergency' or of war emergency', duly 4 emergency', as defined in the California Emergency Services Act, Chapter 7, Division I, Title 2 of the Government Code, as amended. G. The terms and conditions of the permit may at any time during the life of the permit be amended or modified by the Board after notice to permittee and after completion of public hearing and after exhausting administrative procedures, appeals and other reasonable due process. V. The length of the initial permit will be ten (10) years. On the fifth anniversary of the initial permit, and every fifth year thereafter, permittee may request an additional five (5) year renewal to the permit, thereby resulting in a permit that will not be less than five (5) years, nor more than ten (10) years at any one time. Permit extensions (renewals) shall be granted in accordance with the appropriate application procedures section of this Chapter. VI. APPLICATION FOR A PERMIT OR RENEWAL 'A.. Procedure and Information Required. Prerequisite to the issuance of a permit or renewal of a permit, an applicant shall file with the Department an application, in writing. B. The application will include information, depending on whether it is the initial application ('I') or renewal applicati'on ('R') as per Department application guidelines. C. Department will establish and furnish application requirements guidelines to applicant. D. ulanc. provid.r, in coun desi nated by Department effective on the aa=e oz nn~s un,~u , willg~e issued permits for defined operating ~reas ~on ~pproval of completed initial application lnzormatzon anm of established fees. vii. CONTENT OF PERMIT A. The permit shall specify the date of issuance, date of renewal, and date of expiration, the operating area for which the permit is authorized, the permittee name, business and fictitious business name, if applicable. B. The permit shall contain language on the type and level of ambulance services to be provided, within the defined operating area and the specified term. C. The permit shall have the signature of the Director. VIII. ~RANSFERABILITY OF pERMIT .. trice permit shall not be transferable by An ambulan0~ se_~___on --arty or business, for the p~Tpose ermittee to'a~otner Pe=~._U ~,~4. *he desianated opera=lng area roviding without fir,t following eo~ ae~lnec on the appropr~_a~ ....... 4, ,~nsfers wil~ no~ De un~ Department. ~equests zor w:- denied. IX. . 11 be as specified in a separate Board Permit fees s~a ....... ~-ent fee ordinance. Permit fee~ resolution an9 c~n~n~_ ..~ to. the County between July will be require? u~ ~ ~--- ---al basis The annual fee for r on an an~u - September 30 eac~ ~e~ .... ..~ ~n a auarterl basis for the first new service may b~ m-~ ......... year. X. ~PPLICATION pROCESS t of a new application, the Department shall A. Upon r,?iF.__ to determine if the public ?alt~,. ~af~ conduct an investlga~l°~he issuance of a permit for wnicn and welfare re.quires ._ -~-~ ~,,rther determine if the applicapt application has peen mace -,,o-- -- s all requirements si this Chapter and shall then provide the meet ommendation. Board with the results and a rec B. Issuance or Denial of Permit: sara may order the issuance of a permit for an 1. The ~ --- '- -n o-stating area upon finding lance servi~u ~ o ambu ...... ~h safety, wolfare, that the public -~?~-~'--.~re the availability convenience~ an~ necess~u~ of such ambulance service a~d that the applicant meets all requirements of this Chapter. 2. Whenever a new application is filed under the ions of this Chapter for a permit to provide provis ...... .. ~e the County where ambulance service ~n ~ ¥-&- -- cee already exist, the Board, after ~ue ~ervi ..... ._. may find and determine, i~ve ~=l~av-~[,_, 'the a~ulicant has £ailed o~ zac=, ~ --~--~- in tho area sufficient strate t~ere granting o~ ~,, ''-~ithin ' that operating area. permit for use predicated on such findings, the Boar~maY deny the on the grounds that the application for permit granting of such new permit is not economically or financially feasible or not in the public interest and welfare. 3. The Board may in addition order the denial of a permit if the applicant or any partner or officer thereof: a. Was previously the holder of a permit issued under this Chapter and which permit had been revoked or not reissued& b. In committing any act, which, if committed by any permittee, would be grounds for the suspension or revocation of a permit issued pursuant to this Chapter; c. Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefited; d. Has acted in the capacity of a permittee or firm under this Chapter without having been issued a permit therefor; e. Has entered a plea of guilty to, or been found guilty of, or been convicted of a felony, ~nd the time for appeal has elapsed or the Judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following such conviction suspending the imposition of sentence, or of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation of information. XI. SERVICE AND PERFORMANCE REOUIREMENTS A. Each permittee service shall provide ambulance service, f the level specified in the permit~ twenty-four (24) hours per ~ ....... -- ^~ God or labor disputes. If for spy r~aso~ eXCIU~I~ ~m v- say, .... ~ .... vide the prescribed level or levels ox n opera=or ceases uv w~ ambulance service on a twenty-four (24) hour per day basis, a ...... ,, ---~diatelv terminate any advertisement ~f permlttee ha e been discontinued and i mediateiy emergency 5ervi~ ....... notify the Department. B. The Board shall, by resolution, adopt the emergency cal trans orr service areas for the purposes of issuing permits medi _ . -P ------- ~erein The service areas shall be for r the anu~ulance serv~ ~.- · fo - · · ---~- -nd shall be shown on a map of the C?unt~ emergency ~-~-~ v~'-' - (hereafter referred to as -Map') kept on file with the Departmen= 7 used for Emergency 9-1-! dispatch of a~bulance. This includes and ......... se areas. In order to carry out the polic~ ~owln air map ~. -~g ~-- -~- Board may, modify service areas. Copies o[ t ~ ~- ~- --nt to all narties concerned with this Chapter. the map snaaa m~ ~ - ..... Response time zones within each service area sha~ De shown on the Map. C. Permittee shall not provide emergency ambulance services mbulance calls (originating within the County) outside the nmental agency having 3urls~lc~Lon gover ..... ~ .... -nc~ Communications Center (ECC) or the ~epar~men= · ~'~ regarding such requests for ambulance response to c&lls locates outside of permitted emergency operating areas. D. Response Time Performance Criteria. 1. Response time zones (one or more) shall'be established in each operational area, based on demographics, geography,.level of ~mbulance service, roadway network and number of Emergency 9-1-1- calls, so as to meet the standard of a combined 90% of Emergency 9-~-1- calls for all time zones, for a period of one month. 2. Time zone standard: 8 minutes Zone A ............. 15 minutes Zone B ............ 25 minute8 Zone C ............ 50 minutes Zone D ............ 75 minutes Zone E ............ 3. The goal for maximum interval of time between the receipt of a dispatch call by ~he permittee dispatch or call answering service to the time personnel are activated and departing for the call location will be two (2) minutes. 4. Response time standard authorized exceptions: In the event that a Permittee does not meet the response time standard for the evaluation period, the Department will analyze Permittee calls during the evaluation period for authorized response time standard exceptions. a. Authorized response time standard exceptions are as follows: 8 1. Med-Alert where one or more Permittee ambulances were deployed out of the operating area by an authorized agency~ 2. Back-up ambulance response to a call where Permittee already has deployed one ambulance to the same call locations 3. Two or more emergency calls occurring within one (1) hour in the Per~ittee operating area for designated single available ambulance Permittee areas authorized by Department; 4. Two or more emergency calls occurring within two (2) hours in Permittees operating area for designated single available ambulance Permittees areas authorized by Department. 5. Certain weather or roadway conditions which prohibit safe Permittee ambulance operation to meet response time standards, as authorized by Department, or; 6. A local declared emergency, local declared emergency in another county or state of emergency, where Permittee units and certified staff ars sent for authorized mutual aid response.' 7. Other appropriate exceptions, such as unavoidable vehicle breakdown, as determined by Department. b. The Department shall identify such Per~ittee calls for authorized response time exceptions and re-evaluate Permittee response time standard performance for the evaluation period. E. Department will develop policies, procedures and regulations for EMS aircraft and ground ambulance utilization within the Kern County area and publish said rules and regulations. F. Each ambulance provider service operating in the County shall establish and maintain radio contact with a base of operation where technically feasible. G. Each ambulance provider service will be responsible to maintain communications means to receive emergency 9-1-1 dispatche~ 9 calls for service. B. Each ambulance service shall operate in accordance with Regulations, the State of California Title 13, California Code of Emergency Medical Services Authority and this Chapter. I. Ambulances shall be maintained at all times in accordance Administrative Code. with Title 13, California 11 be equipped with the Safety and 1 ambulances sha e artment and J. A1 for ambulances by the D p the California Vehic~- K. Ambulance Personnel: 1. Ambulance Driver. Every person who drives an ambulance within the County, while responding to emergency calls, shall comply with the requirements in the California Code of Regulations for ambulance drivers. Ambulance Attendant. An ambulance attendant shall 2. d com stent in the proper use of the be trained an. P .... ~ hv is Cha ter, and e 1pment r~uire- -4 th P f the e~e[~e~n~Y~[~c~, ,~ired certification to saris level of service as specified in the permit. 3. Attendant Required. Each ambulance being operated within the county, in response to an emergency call, shall be staffed by both a driver and attendant during transport. L. .ThiS, section shall not apply during .,v .state of emergency or local emergency' as defined in the ~ernment Code of the State of California. XII. AMBUI~NCE I~TES . do t rocedures for regulating rates and · The Board may a. p P _ res in the County~ Ambulance permlt~ee cnar~ by the Board. B. No charge shall be made for transporting uninjured or patient, when these persons are not well persons who accompany a treated at gn emergency care facility. ximum rates will be adjusted annually The schedule of m~ - -~-~ a report from the C. te u on rec~ ..... = - e th Board, as appropria_ , .~ m~- =a~ustment and any chang by e ublic nearznp. '"= '-~ lication De artment and ~fte~ p _ arrived at by t~e. app of a formula be developed by department and approved separately by Board. The ACI formula and process £ncluded for such adjustments shall be adopted by the Board by separate resolution. Variances necessary, such as those caused by an act of God, labor dispute disruptions, or other unusual conditions, a permittee, or permittees, may apply to the Department for an adjustment in addition to any annual adjustment. Such additional adjustments recommended by the Department shall be computed with application of the ACI formula. D. A rate change when approved by the Board, as applicable, shall be effective on the date of approval. E. Proposed special rates or proposed changes in such rates shall be submitted to the Department. F. Ambulance service rates and rate categories shall be those listed by said separate resolution. The intent is to have fewer, consolidated and uniform rate categories, so as to provide for simplicity in ambulance billing for the citizens of the County of Kern. Current rate categories and charges shall be posted at each permittee's place of business. XIII. CONTINUATION OF CALL' An ambulance based and properly licensed outside the County shall be authorized to pick up a patient outside the county and transport a patient to or through the County. XIV. INTERFACILIT¥ TRANSFERS A. Each ambulance provider participating in the transfer of patients with an ambulance will conform to all laws, rules, and regulations set forth in the California Health and Safety Code and Department policies applicable to interfacility transfer of patients, and pursuant to any formal transfer agreements between transferring and receiving facilities involved. B. Transport performed by an ALS or BLS ambulance for the patient in transport, shall be provided with appropriate medical care, including personnel and equipment, according to the California Health and Safety Co~e and applicable Department policies. Transport personnel shall not be authorized, and shall not provide service beyond their scope of practice. XV. DEPARTMENT RESPONSIBILITIES A. The Department shall make rules and regulatione deemed necessary and reasonable, subject to the approval of the Board, and after consultation and public meetings with EMS system participants. B. The Department shall review operational records, 11 operational facilities, vehicles, equipment, and methods of operation at times deemed appropriate in order to provide quality assurance monitoring. XVI. TEMPORARY VARIANCE A. In the event of any interruption of service of moro than twenty-four (24) hours duration, or any substantial change in the e which causes, or threatens to cause, the ambulance ser~ic ~_ ~_ carried out differently tha9 8pec~ied~}~ ambulance service . .~,4~e shall immediately the valid per,it, t~~ _~~ by written notification within ~artment orally, to b~ ~ .... i- -% _~ ~fl~e days, stating the facts o~ such B. upon request by the permittee, the Department may grant a temporary variance in writing from the conditions specified in permit, if it is found that such change is necessary for compliance with the provisions of this Chapter. XVII. ~IOLATION OF THIS CHAPTE~ e artment shall investigate all documented A. The D.p ..... ~--- -lleflation8 related to this Chapter: infractions, co~plal~=s,~u_~+~oti~n is to determine potentiaa The purpose o~ SUCh validity of such infractions, complaints and/or allegations. B. The Director and/or the Department Medical Director may grant a variance in the terms of this Chapter if it is found that essa to protect the public health, safety, or such action is nec ry .... ~_ -~ved by tho Boar~ within welfare. This variance musv mw -~-- 8 of ranting the variance or it becomes void. fourteen (14) day . ~ _ , .... .,~ f temporary permits. Su?h Such action may lnc%ud~_t~//A"~'r- ~o po~io~ indicate~ by tho varianc6 shall remaLn ~n Director and/or Department Medical Director, but shall not exceed one hundred eighty (180) days. XVIII. A. Any u~ .... ~--* ~ has been requxre~ participants con]enaxng -~n~-~at he has received unsatisfac=ory r servx=~ o~ excessive charge zo -., ..... 4++nn complaint with the Departmept care or aery}ce, . itAiSi" he D artment shall notify the setting forth such aAAePauAv~'~' of the details of such complaint within ten (10) ambulance service ........ ~. +~ aa~n ine the validity days, an~ shall inves~xga=e =n~ m~ ...... rm of the complaint. B. The Department will establish regulations and procedures for investigating complaints an~ these will include complete due strative processes to ensure both the person or process and adm~n} ....... ~.4,~ the ambulance provider organization m~K~ng k~t.~ZT~21Sl~+ and receive fair and xmpar~xaA =A~ 12 XlX. A. If the Department finds, after conducting an on that the complaint, allegation or infraction is investigati , ............... ~a~ ~lace a permittee on valid, the Depar=men% 8na~ o .__ m~ .... mit de~ending on the probation -r suspen~ or revoA~ us~ ~. , ~ .... ' on. These actions are inten~e~ ~o De seriousness ?f th? infra~ ~=__~ ~. ~ violation so serious as to ye ~n nature unles~ un~ ~. prog~e~si ....... , .... ressive nature of these kinds o~ ~te~i~&~--~Y the Director and/or Medical Oirec=or. B. The investigation by Department will include: notification to all parties in a timely manner; review of pertinent documents and information to include personal intervi&ws; conferences with parties to allow for administration cross examination; initial findings by. Department communicated to permittee allowing ten (10) days for rebuttal by provider an8 final meeting with Director to resolve and conclude the issue; an8 finally, if not resolved or concluded, a decision made by Director to place the permittee on probation; suspend an aspect of the permit and/or revoke the permit· C. For purposes of this section the following definitions apply: 1. Probation shall mean a period of time not to exceed one hundred twenty (120) days wherein the permittee has one or more minor violations of this Chapter. These will normally not include violations directly related to health and safety issues. · us ension shall mean an action taken which affects 2 S p ....... ' *~e -rovider's permit. (or suspen~s~ an asp~u u~ ~- 8us ension would normally be for continuous and repeated minor violations or a m~J%r v½o}~tion~pi can be corrected in a short per~o~ oK txme, more than thirty (~0) days. It is intended that a or more specific items sus ension would be for one P , that a suspension of the provider~ b~ine~5 a~ecific area(s) of notice would i~enKlzy =ne concern, and set a time not to exceed thirty (30) days when the issue of suspension must be resolved. A suspension puts the provider on notice that the permit is at risk. If not resolved, the permit may be revoked. 3. Revocation shall mean the loss of the permit. This action will be taken only when there is conclusive 15 nce that the permittee has committed maJo= evi e.. -- ~- Cha~ter, shown inability ~o viola~lons o~ ~"~"- --~--- or has endangered the nd tO suspension n~u~, ;:;~C health and .al.fy of th. citiz.n...rv.d by the permittee. 4. Minor violations shall include, but not be limited to:' a. Violations of this Chapter which may not directly relate to public health and safety. b. Failure to make, keep, and provide records required by this Chapter. c Provision of unlicensed vehicles or personnel · according to this Chapter which does not present a known threat to public health and safety. d. Failure to pay required fees. 5. Major violations shall include, but not be limited to: a. Violations of this Chapter or California Code which are directly related to public health and safety. b. Repeated and continuous minor violations. c. Conviction of a felony. d. Conviction of an offense related to the use, sale, possession or transportation of narcotics. e. Aiding-abetting an unlicensed or uncertified person to evade the provisions of this Chapter. f. Unlicensed ambulances or personnel according to this Chapter which does present a known threat to public health and safety. tee whose personnel, officer, director, or D. Any permit ' .... -~ violations above, may avoid partner ~ ~nair~. Paec~%%a~a~ his permit by disassociating penalty from such person(s). E. If, during the term of permit, permittee is, or becomes, unable to provide the required level of ambulance s~rvi~e b?~a~se of a lack of an operating vehicle, properly equipped venxcAe, 14 insurance, or personnel to serve and such lack or failure constitutes a substantial decrease in ability to provide the level of ambulance service noted in permit, then the Department shall place the permittee on probation. XX. APPEAL PROCEDURE A. If the Director places a permittee on probation] suspends or revokes a permit, the permittee shall be given written no~ice specifying the action taken within five (5) days of the action. Such notification shall be by certified mail, return receipt requested. B. The Department shall notify all public safety agencies, County Communications Division, and all hospitals in the respective permit area if the permit is under suspension or has been revoked. C. The permittee shall then have the right to request a hearing before the Board as the final step in the administrative appeal process. A request for a hearing shall be made in writing to the Clerk of.the Board of Supervisors within twenty (20) days following the receipt of action taken by Director. The decision of the Board upon any such appeal shall be final. A. As a condition of receiving a permit, applicant agrees to protect County, its governing board, agents, officers and all expenses, liabilities employees against any and claim(s), , attorney's fees, damages, costs, losses, actions, damages or destruction of property or injury or death in any way arising out of or incident to ambulance business or applicant's performance under this Chapter, shall secure and maintain at its sole expense in full force during the entire term of this Chapter and covering any such claim or liability, automobile public liability and general liability insurance in an amount'not less than one million dollars ($1,000,000) per occurrence or claim and not less than one million dollars ($1,000,000) aggregate. B. Ambulance bu.ine., or applicant .hall.&l.o ma~nta~nna~ its sole expense during the terms of this Chapter, pro,ess o a liability (malpractice) insurance in amounts of not less than one million dollars ($1,000,000) per claim or occurrence and one million dollars ($1,000,000) aggregate. Said insurance shall contain coverage expressly recognizing the indemnification obligations assumed by ambulance business or applicant in accordance with this Chapter, but shall not be construed to limit in any manner the amount of ambulance business or applicant's liability thereunder. Providing further, where permitted by the carrier, said insurance shall expressly name County, its governing board, agents, officers and employees as additional insureds. Said insurance shall not be subject to cancellation or reduction without thirty (30) days prior written notice to County. XXII. EMERGENCY AND DISASTER OPERATIONS A. During any 'state of war emergency', "state of · ,local emergency", as defined in the California emergency L or .... Chanter 7. Division 1, Title 2 of ,ergenoy ulance ,ervice ,hall. Government code, ~ reason; provide equipment, facilities, and personnel as reques=eu by the Department. B. When the Director or his designee determines that roes within the County are inadequate to respond to ambulance reaou __ =,---*~- s reauest for emergency ambulance a Cou,ty e.ergency o= c-co-hr%- of the state or ad oining mutual __. _ _ aid may be made to states. Whenever the Director or his designee receives a request r eno ambulance mutual aid from any County, such involving ~'~ ~ _ ~_ .... ~-~ ~-~ ~r~vided to the extent that they resources s~all De r~qu~=~ -.-- r-- are available. A. In order to maintain a~ta colle~tion and quality 'rD1 in the EMS system, it is necessary for all asspran~? ~O~oviders to sub, it to the Department. preho~}~ prenospl=a~ P ......... 4~ed forms. This documentation _ ~ .... .- --curate1~ and legibly. This lle~ ou~ comp~eu~z¥, =u shall be fi ........ =--'~ *~e Denartment on a weekly basis. documentatio? ...... ---- ~- ~ m-leted foreveryprehospital Preh°spital_~ient interfacility a~bulance t.ransfers,__~d response, ~=~ ..... .-.. ~,, v ~rehos ital care System. patient con~ac~s o= ~u~ ~- ~.nt~ , P · Prehos its1 Patient . most frequently used form is the P B The ....... -- *-~-inal record of treatment of . t COnStitUteS ~u~ Record and ~ ........... ~-~4+al system. A copy of this patients in the Kern u~_~. ~%'~;tien~' s file at the hospital form becomes a permanen% pars u& ~ and it is a legal ~ecord. The form should be completed upon the arrival of ~he patient at the hospital. C. Additional reports shall be submitted, as required by the Department, fo~ purposes of quality assurance studies and investigation follow-up. XXIV. This ordinance shall take effect thirty (30) days f~om the date of adoption. FAD:srs/kcambord.90 (07/X9/90) CONTENTS I. Purpose II. Intent and Applicability III. Definitions iV. Permits V. Permit Term VI. Application for a Permit or Renewal VII. Content of Permit VIII. Transferability of Permit IX. Permit Fees X. Application Process XI. Service and Performance Requirements XII. Ambulance Rates XIII. Continuation of Call XIV. Interfacility Transfers XV. Department Responsibilities XVI. Temporary Variance ][VII. Violation of this Chapter XVIII. Complaint and Investigation Proceaures XIX. Probation, Suspension, Revocation of Permits XX. Appeal Procedure XXI. Insurance XXII. Emergency and Disaster Operations XXIII. Records XXIV. Take Effect CITY COUNCIL REFERRAL MEETING OF: 07/25/90 REFERRED TO: INTERGOVERNHENTAL RELATIONS J STINSON ITEN: RECORDS. 5463 A Resolution of the Council of the C~ty o~ Bakersfield regarding a request by the Local Agency Formation Commission to take legislative action to approve the propsed ~ormat~on o~ County Service Area No. 79 (Tract 5077, north o~ State H~ghway 178 - Northeast Area). ACTION TAKEN BY COUNCIL: MOTION TO DIRECT STAFF TO CONHUNICATE TO LAFCO THAT COUNCIL IS NOT IN SUPPORT AND WILL BE REFERRING TO INTERGOVERNHENTAL RELATIONS COHHITTEE AND REQUEST LAFCO DELAY UNTIL AFTER THAT TINE. APPROVED. BACKUP HATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: 07/26/90 STATUS: PLEASE ENTER THE STATUS INTO THE PRINE COHPUTER COUNCIL REFERRAL TRACKING SYSTEH AS PROGRESS IS NADE. M E M O R A N D U MjULY 23, 1990 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: J. DALE HAWLEY, CITY MANAGER '/~ SUBJECT: CITY COUNCIL AGENDA ADDITION The Kern County Local Agency Formation Commission has'submitted to the City of Bakersfield a proposal for the formation of a County Service Area northeast of the City, within the Sphere of Influence. The City must reply on the proposal within 30 days of notice, which will expire on July 27, 1990. It was brought to staff's attention after the publishing of the City Council agenda that the item was not published. Due to the time limitations staff requests the Council to put this item on the agenda and take appropriate action. PROPOSAL: Formation of County Service Area No. 79. In order to provide for maintenance of drainage sumps, fire hydrant maintenance and sewage collection and disposal. (All conditions of approval for Tentative Tract No. 5077). RECOMMENDATION: Staff recommends that the City Council approve the attached resolu- tion and allow the formation of the County Service Area No. 79 for Tentative Tract No. 5077. MO:pjt/meg 6:mcc RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD REGARDING A REQUEST BY ~' THE LOCAL AGENCY FORMATION COMMISSION TO TAKE LEGISLATIVE ACTION TO APPROVE THE PROPOSED FORMATION OF COUNTY SERVICE AREA NO. 79. (TRACT 5077, NORTH OF STATE HIGHWAY 178 - NORTHEAST AREA). WHEREAS, a proposal for the formation of a County Service Area within the City of Bakersfield Sphere of Influence known as proposed formation of County Service Area No. 79. 'Tract 5077 generally north of State Route 178 and generally east of Commanche Drive has been filed with the Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code, to provide services to the area described in the formation documents; and WHEREAS, the Local Agency Formation Commission has determined the area involved (generally located north of State Route 178 and east of Commanche Drive) is within the Sphere of Influence of the City of Bakersfield and has notified the City of Bakersfield in writing, pursuant to Section 56841(h) of the Cortese-Knox Local Government Reorganization Act of 1985, and Local Agency Formation Commission: Procedures, Standards and Policies for the Evaluation of Proposals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield that the Council approves the formation of said County Service Area and declares and represents that the City of Bakersfield does not intend to provide the services pro- posed to be provided by the proposed formation of County Service Area No. 79 Tentative Tract 5077. o0o ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of'the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield MO/meg R RES 5 CSA.1 7/20/90 - 2 - ORIGINAL t-~[ PROPOSED FORMATION OF · ., . COUNTY SERVICE AREA No. 7' O COURSE NUMBER OR1G~IAL TENT. TRACT 5077 [19.97 Acre~ t) ~ of N.E, -- ..... 16 4 0 4O PUBLIC WORKS DEPARTMENT: COURTY SURVEYOR KERN COUNTY. CALIFORNIA PROPOSED FORMATION OF COUNTY SERVICE AREA · 79 L. DALE MILLS DISTRICT FORMED SHEET I OF NO. 5C4' ,~-L LOCAL ~ ~ I 2700 "M" Street, Suite 302 ,.~ COUNTY OF KERN BAKERSFIELD, CALIFORNIA 93301 A G E N C Y ~ [ sos/8s1-2343 F WILLIAM A. TURPIN FO R MATI O N Executive Officer I C OICOMMISSIONI ~ '-" June 27, 1990 J. Dale Hawley, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Hawley: Enclosed is a letter, legal description and map from the Kern County Public Works Department. They propose to provide service within the city's sphere of influence. LAFCO policy allows the city the first opportunity to provide service within their sphere of influence. In order to claim this preference, the city must agree to provide the service forthwith (when needed) and respond promptly to LAFCO's request (within 30 days of this letter). Please let me know if the city intends to provide these services to this location. Sincerely, William A. Turpin Executive Officer Encl. WAT/sb Departmen! of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M" Street, Suite #500 County Surveyor Bakersfield, CA 93301 County Road Commissioner Phone: (805) 861-2481 Fax~ (805) 324-1715 June 22, 1990 File' 5151.79 Local Agency Formation Commission Attn: William A. Turpin, Executive Officer 2700 "M" Street, Suite 302 Bakersfield, CA 93301 Dear Mr. Turpin: PROPOSED FORMATION OF COUNTY SERVICE AREA NO. 79 In accordance with LAFCO Procedures, Section F, Item 3(a), the following proposal is submitted for your approval: Formation of County Service Area No. 79, Northeast of City of Bakersfield, to provide for maintenance of drainage sumps, fire hydrant maintenance, street light maintenance and sewage collection and~disposal (all conditions for approval of Tract - 5077) A map defining the area proposed for formation is attached. Please advise as soon as possible on the feasibility of our proceeding with the proposal. Very truly yours, Richard B~nson Special Districts Coordinator RJB:jb cc:L14'C3Hj£/CA[ .~ "" Attachment ~(~ n~ ~ ~ | u u JUN 2 2 1990 !L_~} LOCAL AGENCY ~C)RMATION COMMIS$1Ot,.~ DESCRIPTION FORMATION OF COUNTY SERVICE AREA NO. 79 (TRACT NO. 5077) THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M. IN THE COUNTY OF KERN, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 16: THENCE (1) N 00'09~29"W, 1320.32 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER THENCE (2) N 89'42'44"E, 658.49 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE (3) S 00'II'20"E, 1320.71 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE (4) S 89°44'43"W, 659.20 FEET TO THE POINT OF BEGINNING CONTAINS 19.97 ACRES, MORE OR LESS .TRANSMITTAL SLIP ~: Date ......................... From .................................................................................................................. For Your:-- r-I Signature [] Action [] Information I-I File Please :-- [] Return [] See Me [] Follow Up [] Prepare Answer Copy to: .......................................................................................................... Memo: ...................................................................................................... CITY-OF BAKERSFIELD PlaNNING DEPARTMENT JACK HARDISTY, Director 1501 TRUXTUN AVE. BAKERSFIELD, CA 93301 (805) 326-3733 August 24, 1990 Attention: William A. Turpin, Executive Officer CiTY M,1%NAGER,S OFFICE :~700 "H" Street, Suite 302 Bakersfield, CA 93301 P~: Council action on formation of CSA #79 his letter is in response to your inqui~ ~ ~e co~=es~nd~ce ~a[~ ~e 27, ].990 ~a=~$~g ~e ~o~[$o~ o~ ~y S~v~ce .~ ~. 79. O~ ~u[y 25, ].990, b~e C~by Co~c$~ ~ev~e~ [~e ~ ~ ~as ~o[ ~ s~ o~ ~e ~o~b~o~ o~ ~e CS~ a~ ~s ~e~e~ ~e Sb~ ~o bhe ~at ~ delay action until after t~t time. ~e City~o~ty Intergover~ental Relations C~ittee m~ting is t~tatively sch~ul~ ~or S~t~er 19, 1990. I ~ve attach~ a copy of the July 25, 1990, City Co~cil minutes for yo~ files. If I c~ be of furth~ assistance, please do not hesi- tate to p~ne me at this office. Since~~ ~s~iate Pla~er ~:pjt cc: Jo~ Stinson, ~sist~t City ~ger ~/~ Bakersfield, California, July 25, ]990 - Page A Resolution of the Council of the City of Bakersfield regarding a request by the Local Agency For--,ation Co~ission to take legislative action to approve the prol~osed formation of County Service Area No. 79 (Tract 5077, north of State Highway 178- Councilmember Peterson mede a motion to adopt a Resolution of the Council of the City of Bakersfield regarding a reques~ by the Local Agency Formation Commission to take legislative action ~o approve the proposed formation of County Service Area No. 79. Councilmember McDermott made a substitute motion to direct staff to communicate to LAFCO ~hat Council is not in support and the matter will be referred to the In=erqover~en=al ~elations Committee and ~o request that LAFCO delay action un2il after that time. The mo=lon was approved' by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Paterson, Mc~rmo==, Salvaggio Noes: None Abstain: None ~sen=: None COUNCIL STATEMENTS Upon a motion by Councilmember Paterson, the matter o~ preparing for a disaster was referred to the Urban Development Committee and the Fire Chief, and they were directed to obtain a copy of the tape from the League-of California Cities Meeting in Monterey and to review the tape regarding disaster planning. Councilmember McDermott suggested that the Council hold another Disaster Planning Workshop. Councilmember McDermott spoke regarding the threat to revenue sources in the City, and stated that threat .is the failure of the State legislature to deal with the very important issue and pass the budget. He directed staff to take steps necessary to make sure the City does not have a financial problem caused by the inability of the State legislature to act and that the City take the appropriate steps necessary and to keep the Budget and Finance Committee and the Council informed as to the status of this issue. IMPORTANT MESSAGE PHONE NO. 3 TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CA A~OCIATED L1-A2334 MEMORANDUM June 14, 1990 TO: INTERGOVERNMENTAL RELATIONS COMMITTEE Patricia Smith, Chair Conni Brunni Kevin McDermott FROM: JOHN W. STINSO~, ~S~ISTANT TO THE CITY MANAGER SUBJECT: MEETING OF JUNE 18, 1990 The County is hosting the Ci'ty/County Intergovernmental Relations Committee meeting for: Monday, June 18, 1990 11:30 a.m. Bakersfield Convention Center, Venus Room Please note the 11:30 a.m. time and the change of location. A copy of the agenda and backup information for Item 6 - Solid Waste Management Issues are attached. JWS:jp Attachment cc: J. Dale Hawley Lee Andersen Paul Dow Dennis Needham Art Saalfield Ed Schulz John W. Stinson Jake Wager AGENDA INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING CITY/COUNTY June 18, 1990 11:30 A.M. County of Kern Host - Venus Room, Bakersfield Convention Center Councilmembers attending - Pat Smith, Chairperson Kevin McDermott Conni Brunni 1. Union Avenue Enhancement Project (John Stinson) (City Staff - Jake Wager) 2. Highspeed/Light Rail transportation update (Joel Heinrichs) (City Staff - Ed Schulz) 3. Fair Housing (Geary Taylor) (City Staff - Jake Wager) 4. Underground iStorage Tanks (Geary Taylor) (City Staff - Dennis Needham) 5. Congestion Management Relief Plan (Dale Mills) (City Staff - Ed Schulz) 6. Solid Waste Management Issues (Paul Dow) (City Staff - Paul Dow) 7. Metropolitain Recreation and Park District (Dale Hawley) (City Staff - Lee Andersen) 8. Set date and agenda for next meeting City Staff Attending meeting - Lee Andersen Paul Dow Dale Hawley Dennis Needham Art Saalfield Ed Schulz John Stinson Jake Wager ~' Department of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M" Street, Suite #500 County Surveyor Bakersfield, CA 93301 Counly Road Commissioner Phone: (805) 861-2481 Fax: (805) 324-1715 April 18, 1990 Fi]e: 23250 City Managers: AB 939 IMPLEMENTATION WASTE CHARACTERIZATION STUDIES The AB 939 Workshop held April 11, 1990, was a success. We thank everyone for their participation. Some good input was received and auestions asked. The.Workshop keyed on The Waste Characterization Component of the Source Reduction and Recycling Elements. Attention was focused on the fact that the intent of AB 939 is .to hold all 3urisdictions separately accountable for complying. Each City and The County preparing separate Waste Characterization Studies will be very inefficient and costly. By coordinating this effort, efficiency can be increased, cost to each jurisdiction reduced and separate accountability in The reporting can still be maintained. The attached report has been revised based on input at the meeting. It would appear, that the most cost effective approach to prepare the Waste Characterization Study as required by AB 939 will be through a combined program of City and County cooperation utilizing a single consultant. We urge each City to review this .report and decide soon which alternate they will support. The time//ne for implementation is short, so action must be taken soon. The ouesTion of cost for preparing The Source Reduction and Recycling (SR&R) Element also came up at The Workshop. STaff has contacted various consultants involved in the field capable of the work and have compiled rough cost estimates as listed in the following table: 0 CITY OF BAKER~ELD City Managers Page 2 Cost of. City SR&R Element Arvin $ 60,000 Bakersfield 140,000 California City 50,000 Delano 70,000 Maricopa 40,000 McFarland 50,000 Shafter 60,000 Ridgecrest 80,000 Taft 50,000 Tehachapi 50,000 Wasco 50,000 . '.' .... These estimates assume the work to be completed entirely by consultants. We intend to discuss the potent/a/ for joint County '- and-~.Ctty efforts in regards to this effort in subsequent meetings. At this time, we don't know to what extent ._:._ jurisdictions will benefit from joint efforts. -./:.If you have any questions regarding this mater/a/ or desire -' ass/stance in this matter., please call Doug Landon of this department. Very rPuly yours, ~ L. Dale Mills ~-- D/rector ~ LDM: ab Attachment 'L-30.D9 Cc: DL/HJE/EWRE/GS IMPLEMENTING AB 939 SOLID WASTE CHARACTERIZATION STUDIES Solid Waste Management Division Kern County Public Works April 1990 MISC-5.D9 WASTE CHARACTERIZATION STUDIES ALTERNATIVES The CounTy and all eleven cities will be held accountable to implement AB 939 by preparing waste characterization studies as a component of The Source Reduction and Recycling Elements. Waste characterization studies obtain and compile data and Source Reduction and Recycling Elements prepares plans based on The data. Public Resources Code repeatedly states that the cities will need To be part of AB 939 with Section 41823 s~aTing that The California Integrated Waste Management Board may impose administrative civil penalties of not more Than Ten thousand dollars ($10,000) per day on any city or county which fails to submit an adequate plan. The solid Waste data must be generated for each city and The county for unincorporated areas. For Kern County, This is a monumental Task That each city and the-County are individually responsible for. IT appears that The work involved in performing a Waste Characterization Study can be accomplished most cost " effectively by combining forces and coordinating a single effort. Even if the work is combined into a single effort or single report, the data must still be segregated for each City and The County unincorporated area. The County and Cities must reach agreement as To how This work will be performed and how The work will. be ~unded To meet The required deadlines. The cost To obtain and compile solid waste data has a large range based on the amount of waste generated. Incorporated in this report .are costs for The waste generation study for Two different alternatives. The first alternative reviews potent/al costs should each jurisdiction prepare separate studies in their individual efforts. The second alternative reviews potential costs should all jurisdictions work together on a joint study. ALTERNATIVE I* SEPARATE STUDIES BY EACH JURISDICTION The cost to prepare--separate studies for each jurisdiction is very high. Redundancy and-inefficiencies would plague any such effort. A survey among various waste management consultants provided information from which the est/mates were computed. County This alternatiue for the County assumes full compliance with AB 939 using a consultant to only prepare the methodology to conduct the study and provide oversight responsibilities. County staff would prepare the plans and collect all the necessary data for the waste generation study. City City staff would probably have to fully rely on the consultant to propose the methodology, collect the data and prepare the final reports. Should the city retain or train qualified staff, the cost could be reduced. ..The foil·owing proposed costs could be realized by each 3urisdiction: Cost of Waste Generation Study County $ 350,000 City Arvin $ 45,000 Bakersfield 300,000 California City 35,000 Delano 85,000 Maricopa 30,000 McFar land 40,000 Shafter 45,000 Ridgecrest ~20,000 Taft 40,000 Tehachapi 40,000 Wasco 60,000 City Total $ 840,000 Grand Total $1,290,000' *This is not the same as Option i from the previous draft of the report. Option 1 did not consider preparation of separate reports by each jurisdiction whereas this alternative does. ALTERNATE 2 JOINT STUDY The cost to prepare a joint study for all jurisdictions would realize' a cost savings for all jurisdictions involved by eliminating, redundant tasks. This alternative assumes full compliance with. AB 939 using a private consultant to prepare the proposed methodology, .to conduct the waste generation study and provide oversight responsibility. The county would collect the data and prepare the actual waste generating study for the county as well as each city. In a 'sense, the county would act as the consultant for each city with the part-time involvement of existing professional staff of each city (i.e. city planner, city engineer) for demographics and specific municipal information. This alternative would relieve the city of retaining oF training qualified staff and securing their own consultant. To fund the cost of The STudy, a cost share ~ag~eement based on population is proposed. The following . estimated cost could be ~ealized by each 3urisdicTion: Cost of Waste Generation Study' county $ SS0,000 City Arvin $ 11,500 .Bakersfield 215,000 California CiTy 6,000 Delano 28,000 Maricopa 1,600 McFarland 8,700 Shafter ~0,000 Ridgecrest 38,800 Taft 8,100 TehachaPi 7,500 Wasco 15,000' City 'Total $ 350,200 Grand Total $ 700f200 MISC-5 .D9 --3-- ' SUMMARY OF REQUIREMENTS FOR SOLID WASTE GENERATION STUDIES Chapter 29, Article 6.1 of the Emergency Regulations recently adopted by the California Integrated Waste Management Board {CIWMB) defines the~ requirements for preparation of the Solid Waste Generation Study mandated in the California Integrated Waste Management Act of 1989 (AB 939). The intent of the solid waste generation study is to provide information necessary to plan and analyze recycling and source reduction alternatives as part of the County-wide Integrated Waste Management Plan {CoIWMP). The requirements spell out a very detailed and extensive study that will cost a great deal. The general extent of the requirements are outlined below. A copy of the revised Emergency Regulations presented to the CIWMB at their February 22, 1990 meeting are available upon request. 1. Each City shall submit the initial solid waste generation study as part of its Source Reduction and Recycling (SRR) Element by July 1, 1991. Each county shall submit the initial solid waste generation study as part.of its SRR Element by January 1, 1991. It is expected that clean-up legislation will revise the County ,,. deadline to coincide with the cities'. 2. Date for the initial solid waste generation study shall have been collected during a continuous six month period. A revised SRR .Element will be required to contain data for the solid waste generation study collected during a continuous twelve month period. This means the last date to begin continuous testing is August 1, 199D. 3. Solid waste generation studies, shall identify by volume and weightq, the following waste categories: a. Paper: 1) corrugated containers 2) mixed paper 3) newspaper 4} high grade ledger paper 5) other paper b. Plastics: 1) high-density polyethylene {HDPE) containers 2) polyethylene terephthalate {PET) containers 3)' film plastics 4) other plastics c. Glass: 1) refillable glass beverage containers 2} California Redemption Value glass 3) other recyclable glass 4) other non-recyclable glass ~ ~ ~ d. Metals: - aluminum cans 2) tin cans and bi-metal containers 3) ferrous metals 4) non-ferrous metals including aluminum - scrap 5) white goods e. Yard waste, including leaves, grass, and prunings f. Other Organics: 1) food waste. 2) tires and rubber products 3) wood wastes 4) agricultural crop residues 5) manure g. Other wastes: 1) inert solids, including rock, concrete, brick, sand, soil, fines 2) textiles and leather 3) household hazardous waste materials and discarded household'hazardous waste materials containers h. Special wastes: 1) ash* 2) sewage sludge 3) industrial sludge 4) '~sbestos 5) auto shredder waste 6) auto bodies ?) other special wastes 4. Solid waste generation studies shall include a projection of the solid waste generated for each year of the next 15-year period following submittal of CoIWHP. 5. The total solid waste generated shall be computed as the total solid waste disposed of at permitted facilities plus the total solid waste diverted from permitted solid waste facilities. In equation form thi.s is' GENERATED = DISPOSED + DIVERTED 6. The solid waste generation study shall identify solid waste generated by volume and weight and by material, type from the following sources of generation: a ) resi denti al b) commercial c) industrial d) other sources It would appear from this requirement that all 32 material types must be reported for each of the 3 (or more} generation sources. · ~ 7. Compositionand'quantity'of solid waste disposed shall be determined by either quantitative field analysis or materials 'flow methodologies or use of existing solid waste composition data from another jurisdiction. Data from another jurisdiction may only be used if population, number of residential dwelling units and number of commercial units are all within 10% of those in the other jurisdiction. The quantitative field analysis shall be conducted using sampling procedures identified in the Emergency Regulations. EWRE:sg R687.5 -6- CITY COUNCIL REFERRAL MEETING OF' 06/13/90 REFERRED TO' INTERGOVERNMENTAL RELATIONS J STINSON ITEM: RECORD¢ 5173 Communication from Paul Dow, Community Services Manager, to L. Dale Mills, County of Kern Public Works Director, dated May 7, 1990, regarding the use of "Land Use Funds" to address the provisions of Assembly Bill 939. ACTION TAKEN BY COUNCIL: RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE. APPROVED AA, BACKUP MATERIAL ATTACHED- YES DATE FORWARDED BY CITY CLERK- 06/14/90 STATUS: PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE. CALl FORN IA GENE B~A~, ~r~or FL~N ~RE, ~ ~r~or of Water R~ ~NK FABBRI, ~ Su~dnt~, ~117 JIM LE~UX, ~t~ Su~nnte~nt, ~3~1 MI~ SIDES. ~n~at~'Su~nte~, ~3114 May 7, 1990 County of Kern Pu~!ic Works Department 2700 "M" Street, Suite 500 Bakersfield, CA 93301 ATTN: L. Dale Mills,' Director i- .-:': Dear Mr. Mills: - The City of Bakersfield has become aware that the "Land Use Fee", cuZ"~ently assessed all. City and County taxpayers equally, may be used by Kern County Public Works to fund County efforts to address the provisions .'."' of .Assembly Bill 939.,. Vniie the City of Bakersfield is not adverse to idea of using the "Land Use Fund" for the aforemen:ioned purpose, if it is used, we must 'suggest your study address the requirements of the incorporated City as well. Anything contrary to this would seem to be an inappropriate use of public funds, and require incorporated cities to "double :ax" their citizens to address the AB939 mandate. Our suggestion at this time would be for the County to have their Counsel determine if :be "Land Use Fund" could be used for such a purpose and, if ~so, proceed with addressing the provisions of AB939 for the entire County .amd-its incorporated cities. As always, the City of' Bakersfield stands ready to meet amd confer on these i~ems. Your .~imety response will alleviate any duplication actions by ou~ agencies. Respec=fu!ly sub~c~t t ed, PAUL DOW Co~mmrm~%-y Services ~r, ager PD: sr cc: Clarence Medders, Ci~'-y CoUncil Members Dale ~awley, City M~nager F~ike Sides, Sani:ation Superintendent ~tlOl TRUXTUN AVENUE - BAKERSFIELd), CA[JlFORNIA 93309 * (SOS) 326-:3715 CITY OF . PAUL ~, GENE B~A~. FL~N ~E. ~NK F~BRI. ~ ~~. ~117 JIM ~UX. ~t~ Su~nte~nt. ~3~1 MI~ SI~S, ~n~at~ Su~me~m. ~3114 ~7 7, County of Kern Public Works Department 2700 "M" Street, Suite 500 Bakersfield, CA 93301 :- .... ATTN: L. Dale ~/lls, Director Dear Mr. Mills: - The City of Bakersfield bas become aware that =he "Land Use Fee", currently assessed all City and County taxpayers equally, may be used by Kern County Public Works =o fund County efforts to address the provisions "' of Assembly Bill 939.. ~Tnile =he City of Bakersfield is no= adverse ~o idea of using =he."Land Use Fund" for =be aforementioned purpose, if i= is used, we must 'sugSest your study address =he requirements of =he incorp,ora=ed City as well. Anything contrary to =his would seem to be an inappropriate use of public funds, and require incorporated cities =o "double =ax" =heir citizens =o address the AB939 mandate. Our suggestion at =his time would be for the CounTy to have =heir Counsel de=e.~mine if the "Land Use Fund" could be used for such a purpose and, if so, proceed ~ith addressing =he provisions of AB939 for =be entire County and its incorporated cities. As al~ays, =he City of Bakersfield stands ready =o meet and confer on these items. Your ~-ime!y resgonse will alleviate any duplication actions by our agencies. PA1JL DOI~ Comzax=i=y Se~;ices F.~,ager PD: sr cc: Clarence .~edde_-s, Ci~-y Council .~e=hers Dale Ra';ley, City ~ager Mike Sides, S=~5=ation Superintendent 4101 ~'RUXTUN AVENUE o BAKERSFIELD. CALIFORNIA 93309 * (805) 326-3715 Depa~ment of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M' Street, Suite #500 County Surveyor Bakersfield, CA 93301 County Road Commissioner Phone: (805) 861-2481 Fax: (805) 324-1715 April 18, 1990 Fi]e: 23250 City Managers: AB 939 IMPLEMENTATION WASTE CHARACTERIZATION STUDIES The AB 939 Workshop held April 11, 1990, was a success. We Thank everyone for their participation. Some good input was received and Questions asked. .: The/Workshop keyed on the Waste Characterization Component of the -'-Source Reduction and Recycling Elements. Attention was focused on-the fact that the intent of AB 939 is .To hold all :-: ~urisdictions Separately acc°untable for complying. Each City -'and the County preparing separate Waste Characterization S_tudies ..... will. be very inefficient and costly. By coordinating This effort, efficiency can be increased, cost to each jurisdiction reduced and separate accountability in the reporting can still be maintained. The attached report has been revised based On input at the meeting. It would appear, that The most cost effective approach To prepare the Waste Characterization Study as required by AB 939 will be through a combined program of City and County cooperation utilizing a single consultant. We urge each City To review This report and decide soon which alternate they will support. The Timeline for implementation is short, so action must be taken soon. The question of cost for preparing The Source Reduction and Recycling (SR&R) Element also came up at the Workshop. Staff has contacted various consultants involved in the field capable of the work and have compiled rough cost estimates as listed in the following table: City. Managers Page 2 Cost of City SR&R Element Arvin $ 60,000 Bakersfield 140,000 California City 50',000 Delano 70,000 Maricopa 40,000 McFarland §0,000 Shafter 60,000 Ridgecrest 80,000 Taft 50,000 Tehachapi 50,000 Wasco 50,000 ii ..... These estimates assume the work'to be completed, entirely by consultants. We intend to discuss the potent/a/ for'joint County : .. ~...-.'andz¢tty' efforts in regards to this effort in subsequent meetings. At this time, we don't know to what extent _ jurisdictions will benefit from joint efforts. ....... If you have any questions regarding this mater/a/ or desire ass/stance-in this matter., please call Doug Landon of this department. . Very \ly yours, .~,.. Director LDM:ab Attachment L-30.D9 cc: DL/HJE/EWRE/GS IMPLEMENTING AB 939 SOLID WASTE CHARACTERIZATION STUDIES Solid Waste Management Division Kern County Public Works April 1990 MISC-5.D9 WASTE CHARACTERIZATION STUDIES ALTERNATIVES The County and all eleven cities will be held accountable to implement AB 939 by preparing waste characterization studies as a component of the Source Reduction and Recycling Elements. Waste characterization stud/es obtain and compile data and Source Reduction and Recycling Elements prepares plans based on the data. Public Resources Code repeatedly states that the c/ties will need to be part of AB 939 with Section 41813 stating that the California Integrated Waste Management Board may impose administrative civil penalties, of not more than ten thousand dollars ($10,000)-per day on any city or county which fails to submit an adequate plan. The solid waste data must be generated for each-city and the county for unincorporated areas. For Kern County, this is a monumental 'task that each city and the County are individually responsible for. It appears that the work involved in performing a Waste Characterization Study can be accomplished most cost effectively by combining 'forces and coordinating a single el[crt. Even if the wo'rk is combined into a single effort or single report, the data must still be segregated for each City and the County unincorporated area. The County and Cities must reach ',. agreement as to how this work will be performed and how the work will' be funded to meet the required deadlines. The cost to · .' obtain and compile solid waste data has a large range based on the amount of waste generated. Incorporated in this report are costs for the waste generation study for two different alternatives. The first alternative reviews potential costs' should each jurisdiction prepare separate stud/es in their individual efforts. The second alternative reviews potential costs should all, jurisdictions work together on a joint study ALTERNATIVE 1* SEPARATE STUDIES BY EACH JURISDICTION The cost To prepare separate studies for each jurisdiction very high. Redundancy and ~inefficiencies would 'plague any such effort. A survey among various waste management· consullants provided information from which the estimates were computed. County This alternative for The County assumes full compliance with AB 939 using a consultant To only prepare The methodology to conduct The study and provide oversight responsibilities. County staff would prepare The plans and collect all The necessary data for the waste generation study. City City staff would probably have To fully rely on the consultant propose the methodology, collect The data and prepare The final reports. Should the city retain or Train qualified staff, the cost could be reduced. 'The following proposed costs could be realized by each jurisdiction: ' Cost of Waste Generation STudy County $ 350,000 City Arvin $ 45,000 Bakersfield 300,000 California City 35,000 Delano 85,000 Maricopa 30,000 McFarland 40,000 ShafTer 45,000 ' Ridgecrest 120,000 Taft 40,000 Tehachapi 40,000 Wasco 60,000 City Total $ 840,000 Grand Total $1,29©,000' *This is not The same as Option I from The.previous draft of the report. Opt/on. 1 did not cons/der preparation of separate reports by each jurisdiction whereas this alternative does. -2- ALTERNATE 2 JOINT STUDY The cost to prepare a joint study for all jurisdictions would realize a cost savings for all jurisdictions involved by eliminating redundant tasks. This alternative assumes full compliance with AB 939 using a private consul'tant .to prepare the proposed methodology, .to conduct the waste gen~eration study and provide oversight responsibility. The county would collect the data and prepare the actual waste generating study for the county as well as each city. In a sense, the county would act as the consultant for each city with the part-time involvement of existing professional staff of each city (i.e. city planner, city engineer) for demographics and specific municipal information. This alternative would relieve the city of retaining or training qualified staff and securing their own consultant. To fund the cost of the study, a cost share agreement based on population is proposed. The'~ fo/lowing estimated cost could be realized by each 'jurisdiction: Cost of Waste Generation Study County $ 350,000 City Arvin $ 11,500 Bakersfield 215,000 California City 6,000 Delano 28,000 Maricopa 1,600 McFarland 8,700 Shafter 10,000 Ridgecrest 38,800 Taft 8,100 Tehachapi ?, 500 - Wasco 15 r 000' City Total $ 350,200 Grand Total $ 700,200 MISC-5.D9 -3- SUMMARY OF REQUIREMENTS FOR SOLID WASTE GENERATION STUDIES Chapter 29, Article 6.1 of the Emergency Regulations recently aUopted by the California Integrated Waste Management Board {CIWMB) defines the requirements for preparation of the Solid Waste Generation Study mandated in the California Integrated Waste Management Act of 1989 (AB 939). The intent of the solid waste generation study is to provide information-necessary to plan and analyze recycling and source reduction alternatives as part of the County-wide Integrated Waste Management Plan {CoIWMP). The requirements spell out a very detailed and extensive study that will cost a great deal. The general extent of the requirements are outlined below. A copy of the revised Emergency Regulations presented to the CIWMB at their February 22, 1990 meeting are available upon request. 1. Each City shall submit the initial solid waste generation study as part of its Source Reduction and Recycling (SRR) Element by July 1, 1991. Each county shall submit the initial solid waste generation study as part of its SRR Element by January 1, 1991. It is expected that clean-up legislation will revise the County deadline to coincide with the cities'. 2. Date for the initial solid waste generation study shall have been collected during a continuous six month period. A revised SRR Element will be required to contain data for the solid waste generation study collected during a continuous twelve month period. This means the last date to ·begin continuous testing is August 1, 1990. 3. Solid waste generation studies shall identify by volume and weight~, the following waste categories: a. Paper- 1) corrugated containers 2) mixed paper 3) newspaper 4) high grade ledger paper 5) other paper .. b. Plastics: 1) high-density polyethylene {HDPE)containers 2) polyethylene terephthalate {PET} containers 3) film plastics 4} other plastics c. Glass: 1} ·refillable glass beverage containers 2) California ReOemption Value glass 3) other recyclable glass 4) other non-recyclable gl'ass -4- d. Metals' 1) aluminum cans 2) tin cans and bi-metal containers 3) ferrous metals 4) non-ferrous metals including aluminum- scrap 5) white goods e. Yard waste, including leaves, grass, and prunings_ f. Other Organics' 1) food waste 2) tires and rubber products wood wastes ~I agricultural crop residues 5) manure g. Other wastes: 1) inert solids, including rock, concrete,.brick, sand, soil, fines " 2) textiles and leather 3) household hazardous waste materials and discarded household hazardous waste materials containers h. Special wastes: 1) ash 2) sewage sludge 3) industrial sludge 4) 'qsbestos 5) auto shredder waste 6) auto bodies ?) other special wastes 4. Solid waste generation studies shall include a projection of the solid waste generated for each year of the next 15-year period following submittal of CoIWMP. 5. The total solid waste generated shall be computed as the total solid waste disposed of at permitted facilities plus the total solid waste diverted from permitted solid waste facilities. In equation form this is: " GENERATED = DISPOSED + DIVERTED 6. The solid waste generation study shall identify solid waste generated by volume and weight and by material type from the following sources of generation' a) residential b ) commer ci al c) industrial d) other sources It would appear from this requirement that all 32 material types must be reported for each of the 3 {or more) generation sources. ?. Composition and quantity of solid waste disposed shall be - · determined by either quantitative field analysis or materials flow methodologies or use of existing solid waste composition data from another jurisdiction. Data from another jurisdiction may only be used if population, number of residential dwelling units and number of commercial units are all within 1D% of those in the other jurisdiction. The quantitative field analysis shall be conducted using sampling procedures identified in the Emergency Regulations. E~RE:sg R687.5 -6- ~ l i ............ :: .... '~ .... ~~------~~l' ~~--~----~~¢~ /W~~ ......................... ~ CA AB 4242 03/09/90 P~.ge i L/ ~"~/c) ASSEMBLY BiLL No. 4242 Introduced by Assembly Member Willie Brown March 2, 1990 An act to amend Section 65302 of, to add Title 6.5 (commencing with Section 62000) to, and to repeal and. add Chapter 2 (commencing with Section 56325) of Part 2 of Division 3 of Title 5 of, the Government Code, to repeal Sections 40002 and 40003 of, to repeal and add Chapter 2 (commencing with Section 40100) of, and to repeal Chapter 3 (commencing with Section 40150), Chapter 4 (commencing with Section 40200), Chapter 5 (commencing with Section 40300), Chapter 5.5 (commencing with Section 40400), and Chapter 9 (commencing with Section 40900) of, Part 3 of Division 26 of, the Health and Safety Code, and to repeal and add Article 1 (commencing with Section 13200) of, and t0 repeal Article 2 (commencing with Section 13220) of, Chapter 4 of Division 7 of the Water Code, relating to regional development and infrastructure planning. LEGISLATIVE COUNSEL'S DIGEST AB 4242, as introduced, W. Brown. Regional government. Existing law establishes within each county a local agency formation commission with specified powers over the organization and reorganization of local agencies with the intent of discouraging urban sprawl and encouraging the orderly formation and development of local agencies. Existing law authorizes the establishment of councils of government through the exercise of joint powers agreements for various purposes. Existing law establishes air pollution control districts and regional water quality control boards with specified powers. This bill would establish 7 specified geographic regions encompassing the state and would establish a regional development and infrastructure agency in each region. The bill would provide that the agency succeeds to the powers, duties, and responsibilities of the above agencies, within its region. By requiring the participation of cities, counties, and special districts in the regional agency, this bill would impose a state-mandated local program. The bill would state the findings of the Legislature that growth problems including traffic congestion, inadequate waste disposal and sewage capacity, lack of affordable housing, and deteriorating water and air quality, transcend existing local government boundaries. The ~ CA AB 4242 03/'09/90 Page 2 bill would state the declaration of the Legislature of the need to reorganize local government to create a means for regional action on regional problems. This bill would specify the procedures for the appointment and election of the agency board members and their terms, compensation, and powers. The bill would specify that the agency shall be the air quality control district for the region, the regional water quality control board and the regional transportation planning agency and that the board shall succeed to the powers and duties of the coancil of government, as specified, and to those of local agency formation commissions. This bill would require the agency to prepare, adopt, and maintain a regional general plan to contain correlated elements relating to air quality, water quality, transportation, housing, sphere of influence, and capital facilities, as specified. The bill would specify that the plans, ordinances, and regulations of local agencies shall be consistent with the regional plan and rules and regulations of the agency. The bill would impose a state-mandated local program by requiring that any application by a local agency for financial assistance which relates to or substantially affects any matter within the scope of mandatory elements of the regional general plan shall be submitted' to the agency board for approval. The bill would require that, on the date the agency board becomes the ex officio governing board of the various entities it replaces, all revenues which counties and cities provided to those entities shall be provided to the agency for its support, thereby imposing a state-mandated local program. The bill would make other provisions for employee and budget matters and recall of board members and would make conforming changes in existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that ~eimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose s.tatewide costs exceed $1,000,000. This bill would provide that no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. Tile people of the State of California do enact as'follows: SECTION 1. Chapter 2 (commencing with Section 56325) of Part 2 of Division 3 of Title 5 of the Government Code is repealed. £ , CA AB 4242 03/09/90 Page 3 SEC. 2. Chapter 2 (commencing with Section 56325) is added to Part of Division 3 of Title 5 of the Government Code, to read: CHAPTER 2. FORMATION OF THE COr~ISSION 56325. There is in each region, as defined in Section 62200, a local agency formation commission which is the regional development and infrastructure agency board established pursuant to Chapter 4 (commencing with Section 62250) of Title 6.5 and which succeeds to alt powers, duties, and responsibilities of county local agency formation commissions within the region. SEC. 3. Title 6.5 (commencing with Section 62000) is added to the Government Code, to read: CHAPTER 1. LEGISLATIVE FINDINGS AND DECLARATIONS 62000. The Legislature finds that: (a) Explosive population growth in California has placed an increasing strain on existing public facilities, services, and resources. Traffic congestion, inadequate waste disposal and sewage capacity, deteriorating air and water quality, and a lack of affordable housing are some of the problems caused by unmanaged growth in urban and urbanizing areas of the state. (b) Because growth problems spill over into neighboring jurisdictions within a region, effective action to resolve these problems must transcend existing local government boundaries. (c) Because the method for distributing sales and property taxes encourages intergovernmenta] competition for revenue-producing development, voluntary cooperative efforts among neighboring jurisdictions have not been able to resolve the problems associated with growth. (d) Voluntary cooperative agreements among ]oca] governments on growth problems have disintegrated when significant parties have withdrawn, conflicts have led to protracted bureaucratic fighting and litigation, or one party has attempted to dominate action under the agreement. (e) Growth issues cross not only politica] boundaries but functional lines of responsibility as well. Because decisions meant to solve one growth policy problem often create problems in other pol'icy areas, effective growth management must comprehensively balance competing and conflicting policy objectives. Therefore, because agencies in California operating on a regional scale are primarily single purpose, they are consequently incapable of making the complex tradeoffs inherent in decisions about growth. (f) In addition to the problem of single-purpose responsibility, regional agencies in the state are plagued by other shortcomings that compromise their effectiveness, including insufficient authority to ~ CA AB 4242 03/09/90 Page 4 implement plans or require consistency among local general plans and regional goals, and dependence on local government members for fiscal and political support. 62001. The Legislature therefore declares that: (a) Changes in the institutions responsible for managing growth are necessary to cope with the population increases projected for the state through the end of the century and to sustain a desirable quality of'life for all Californians. ih) Reorganizing local government to create the means for regional action on regional problems will achieve: economies of scale in infrastructure development, interjurisdictional .cost equity where problems extend beyond legal jurisdictional boundaries, improved decisionmaking on siting locally undesirable developments of regional benefit, integrated and consistent planning, and more equitable tradeoffs in policy decisions where problems extend beyond the functional responsibilties of single-purpose regional agencies. 62002. It is the intent of the Legislature to reorganize existing regional agencies and to reassign authority for their functions based on the following principles: (a) Horizontal consistency among the plans of local governments, including cities, counties, and special districts, within a region. (b) Vertical consistency between local and regional plans and objectives, and their implementation. (c) Functional comprehensiveness. (d) Equity in the provision fof services. CHAPTER 2. DEFINITIONS 62]00. The definitions contained in this chapter govern the construction of this title unless the context requires otherwise. 62101. "Agency" means the regional development and infrastucture agency. 62102. "Board" means the regional development and infrastructure agency board. 62103. "City" means any chartered or general law city and any other city or town incorporated pursuant to law. 62104. "County" means any city and county and any chartered or general law county. 62105. "Developer" means any private person or public agency undertaking a development. 62106. "Development" means any material change in the use or ~ 'CA AB 4242 03./09/90 'Page 5 appearance of any land or structure. 62107. "Development ordinance" means an ordinance adopted by the regional board for the implementation of any regional plan adopted by the regional board. 62108. "Infrastructure" means all public facilities necessary to accomodate population growth, including, but not limited to, transportation infrastructure, sewage collection and treatment facilities, solid waste disposal facilities, and housing. 62109. "Legislative body" means the legislative or governing body of a county, city or special district. 62110. "Local agency" means a county, city, or special district. 62111. "Permit" means any permit authorized or required by ordinance of the regional ~board or legislative body of a local agency to be issued to a developer prior to tile start of a development. 62112. "Plan" unless expressly limited includes any general plan, specific plan, or interim plan adopted by the regional board or the ]'egislative body of any local agency. "~ ~ ' on" 62113. ~eol means an area defined in Chapter 3 (commencing with Section 62200). 62114. "Regional" means any matter substantially affecting the unincorporated or incorporated territory, inhabitants, or real or personal property, of two or more counties or cities, or any combination of counties and cities. 62115. "Regional board" means the governing body of the Regional Development and Infrastructure Agency. 62116. "Special district" means any public corporation, other than a county or a city, formed pursuant ~o general law or special act for the performance of governmental or proprietary functions within limited boundaries. CHAPTER 3. CREATION OF REGIONAL DEVELOPMENT AND INFRASTRUCTURE AGENCIES 62200. A Regional Development and Infrastructure Agency is hereby established in each of the following: (a) San Francisco Bay Area Region (b) San Diego Region (c) Los Angeles Region (d) South Central Coast Region (e) North Central Coast Region CA AB 4242 03/09/90 Page 6 (f) Sacramento Valley Region (g) Central Valley Region 62201 The San Francisco Bay Area Region consists of the area defined by the San Francisco Bay Area Air Basin in Section 60101 of Title 17 of the California Code of Regulations. 62202 The San Diego Region consists of the area defined by the San Diego Air Basin on January 1, 1990, in Section 60110 of Title 17 of the California Code of Regulations. 62203 The [.os Angeles Region consists of all area included within the boundaries of Los Angeles County, Orange County, Riverside County, , San Bernadino County, Ventura County, and Imperial County. 62204 The South Central Coast Region consists of all area included within the boundaries of San Luis Obispo County and Santa Barbara County. 62205 The North Central Coast Region consists of the area defined by the North Central Coast Air Basin on January 1, 1990, in Section 60102 of Title 17 of the California Code of Regulations. 62206 The Sacramento Valley Region consists of all areas included within the boundaries of Sacramento County, Yolo County, Sutter County, Yuba County, and that portion of Placer County and Solano County included within the boundaries of the Sacramento Valley Air Basin as defined on January 1~ 1990, in Section 60106 of Title 17 of the California Code of Regulations. 62207. The Central Valley Region consists of the area defined by the San Joaquin Valley Air Basin on January 1, 1990, in Section 60107 of Title 17 of the California Code of Regulations. CHAPTER 4. SELECTION OF INITIAL BOARD MEMBERS 62250. The regional development and infrastructure agency board shall be the governing body of the agency, and its members shall be initially selected as provided in this chapter. Article 1. Appointment of Agency Board Members 62260. (a) Beginning January 1, 1993, the agency board shall be composed of 11 members, five of whom shall be selected pursuant to this article. _ (b) In addition to the 11 appointed and elected members of the agency board, three nonvoting advisory members shall be appointed as follows: one member shall be appointed'by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the President pro Tempore of the Senate. Any vacancies in these positions shall be filled in the same manner as the ~ CA AB 4242 03/09/90 Page 7 original appointment. (c) All appointed agency members shall serve at the pleasure of the appointing authority for a period of not more than four years, except as specified in Sections 62264 and 62274. 62261. Two members shall be county supervisors and shall be Se].ected by the county supervisors selection committee, which consists of the supervisors of the counties within the region. 62262. Two members shall be members of city councils and shall be selected by the city council member selection committee, which consists of the council members of the cities within the'region. 62263. One member shall be a member of a special district board and shall be selected by the special district committee which consists of the chairpersons of the boards of the special districts within the region. 62264. (a) The term of office of the agency board members selected pursuant to Sections 62261, 62262, and 62263 shall commence on January 1, 1993, and shall be for four years. (b) Notwithstanding subdivision (a), the terms of one member initially appointed pursuant to Section 62261 and'one member initially appointed pursuant to Section 62262 shall be for two years. 62265. Successors to the board members whose term of office has expired shall be appointed as provided in Sections 62261, 62262, and 62263. 62266. Any vacancy among board members selected pursuant to this article shall be filled for the unexpired term by appointment made in the same manner as the original appointment. 62267. If any member selected pursuant to this article ceases to hold the county, city, or special district office he or she held at appointment to the agency board, his or her membership on the agency board is terminated. Article 2. Election of Agency Board Members Beginning January 1, 1993 62270. Beginning January 1, 1993, the agency board shall be composed of 11 members, six of whom shall be selected by election at large within the region. 62271. (a) An initial election to select the board members provided by this article shall be held, to be consolidated with the statewide general election on the.third day of November 1992. The six candidates receiving the highest numbers of votes at the election shall be elected to the agency board. (b) Subsequent elections to select board members shall be held every two years'and shall be consolidated with the statewide general election. ~ CA A8 4242 03/09/90 Page 8 62272. As nearly as practicable board members shall be nominated and elected in accordance with the provisions of the Elections Code 'for general district elections held pursuant to the Uniform District Election Law as provided in Part 3 (commencing with Section 23500) of Division 12 of the Elections Code. 62273. Each candidate for the office of member of the agency board shall file with the county clerk of the county in which he or she resides nomination papers signed by not fewer-than 30 registered voters residing in the region. Each board member, at the time of his or her nomination and election and during the term of his or her office, shall be a resident and registered voter of the region. 62274. The term of office of-each board member elected in November 1992 shall begin at 12 noon on January 1, 1993. The term of office for elected board members shall be four years;~except that the initial term of office for board members shall be either two years or four years. At the regular meeting of the agency board in January 1993, it shall be determined by lot which three board members shall have terms expiring on January 1, 1995, and which three board members shall have terms of office expiring on January 1, 1997. 62275. Vacancies among board members selected pursuant to this article shall be filled in the same manner as vacancies on the board of supervisors as provided in Sections 25060 and 25061. CHAPTER 5. THE AGENCY BOARD 62300. The legislative and governing powers of the agency shall be vested in the agency board which shall constitute the legislative and governing body of the agency, and which shall exercise all powers of the agency, except as otherwise provided in this tit]e. 62301. The clerk of the board shall inform each member of the time and place of the organizational meeting of the agency board. The orgnizational meeting of the agency boa~'d shall be held not less than 10 days, nor more than 60 days, after the effective date of this section, at a time and place to be designated by the clerk of the board. 62302. The agency board shall elect from among its members a board chairperson and vice chairperson, and may elect any other officers it deems necessary from among its members. 62303. The individual selected as chairperson shall serve for a term of four years, beginning at 12:00 o'clock noon on January 1, 1993. The individual selected as chairperson shall devote substantial time to the duties of chairperson and to providing necessary and appropriate liaison with local, state, and federal agencies. His or her compensation shall be set by the agency board, and shall not x CA AB 4242 03/09/90 Page 9 exceed dollars ($__) annually. In the event that the chairperson, during his or her term of office, also receives compensation as a city councilperson or county supervisor, the amount of compensation shall be included in determining the compensation authorized by this section. The chairperson shall be eligible to receive reimbursement for actual and necessary expenses as provided in Section 62308 but shall not receive the per diem compensation provided for board members by that section. 62304. A majority of the members of the agency board shall constitute a quorum for the transaction of business. However, a majority vote of the entire board is necessary to approve any matter before the agency board. 62305. The agency board may appoint an executive committee consisting of the chairperson of the board and not less than four, nor more than six other members of the agency board. The agency board may authorize the executive committee to exercise any powers possessed by the agency board, and shall, by resolution, specify those powers delegated to the executive committee. The executive committee shall exercise any powers delegated to it in substantially the same manner as may be provided by law for their exercise by the agency board. Any action taken by the' executive committee may be amended or repealed by the agency board. 62306. The agency board may establish any committees of the board it deems advisable and shall specify the purposes and duties of each committee. 62307. The agency board shall, by resolution, establish the location of its principal meeting place and fix the date and time of its regular meetings. However, the agency board shall meet at least once each month. 62308. Subject to conditions which the agency board may determine, each member of the agency board shall receive compensation of dollars ($__) for each day or portion thereof devoted to attendance at board or committee meetings, or other official business of the agency; provided that the compensation shall not exceed dollars (S__w) during any calendar month. In addition to the compensation provided by this section, board members shall receive the actual and necessary expenses incurred in the performance of official agency business. The board shall adopt rules specifying what constitutes official agency business for which actual and necessary expenses will be paid. 62309. The agency shall be deemed a local agency under the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), and shall be subject to the provisions of that act. CHAPTER 6. GENERAL POWERS AND DUTIES OF THE AGENCY ~ CA AB 4242 03/09/90 Page 10 62400. Acts of the agency shall be expressed by the adoption of ordinances, resolutions, or motions. 62401.. The agency has and may exercise any express powers granted to it and any powers necessary to, implied in or incidental to those express powers. 62402. The agency may sue and be sued, except as otherwise provided by law, in all actions and proceedings and in all courts and tribunals of competent jurisdiction. 62403. The agency shall have power to contract or otherwise participate in, and to accept grants, funds, or services from the federal government, its agencies or instrumentalities in connection with any federal program relevant to its functions; and the agency shall similarly have the power to contract or otherwise participate in, and to accept grants, funds, or services from the state, or any agency or instrumentality thereof, or any city, county, civic organization or private person in connection with any program relevant to its function. 62404. The agency shall have power to establish and maintain those offices as are judged best to facilitate the accomplishment of the purposes of the agency, and to take by grant, purchase, devise, or gift, or to lease or rent, and to hold, use, and enjoy any property necessary or convenient to the establishment, maintenance, or operation of those offices, and to purchase, exchange, or disPose of property as is necessary or convenient for this purpose. 62405. The agency shall have power to contract with any person, firm, association, or corporation, or to contract for any other types of services necessary or convenient for carrying out the purposes of the agency. 62406. The agency may make, publish, and disseminate, by publication, posting, mailing or any other form of communication, any data and information which is relevant to regional affairs or to the 'operations, functions, and responsibilities of local and regional agencies and may sponsor conferences, workshops, programs, and lectures pertaining thereto. 62407. The agency may make any of its property or facilities available for the use of other public agencies, and may authorize its officers and personnel to furnish advice, assistance, or services to other public agencies. 62408. The agency shall enact an ordinance specifying the number, compensation, and general duties of personnel employed by the agency. 62409. Because of the comprehensive regional responsibilities required of the agency by this chapter, the agency, notwithstanding any other provision of law, shall be the air quality control district for the region, the regional water quality control board, and the regional transportation p].anning agency for the purpose of Article 1] (commencing with Sec.tion 29530) of Chapter 2 of Division 3 of Title 3, and, Jn the case of the San Francisco Bay Region, for the purpose of ~ CA AB 4242 03/09/90 Page 11 Section 99302 of the Public Utilities Code and shall succeed to the powers and responsibilities of the predecessor agencies. The board shall also succeed to the powers and responsibilities of the councils of government established'pursuant to Section 6502 with respect to regional housing needs pursuant to Section 65584 and any other powers and responsibilities. The board shall succeed to the powers and duties of the local agency formation commissions within the region pursuant to Division 3 (commencing with Section 56000) of Title 5. The board shall also succeed to the real and personal property and all other assets and liabilities of the predecessor agencies or districts described in this section. 62410. The agency board shall provide for regular audits of the fiscal affairs of the agency. Audits shall occur at least annually and shall show 'the exact financial condition of the agency as of the end o~ the period covered thereby. 62411. The agency, by agreement with any other public agency, may provide for the joint exercise of any powers common to the contracting parties, pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. 624~2. The agency board shall appoint individual standing committees to assist in the preparation and review of each respective element of the regional general plan required by Section 62500. The specific duties and purposes of each committee shall be defined by the agency board. Insofar as it is practicable, the membership of the committees shall include: (a) Appointed or elected officials of federal, state, and local agencies which have the responsibility for providing governmental services related to the respective plan elements. (b) Members of the general public having interests, experience, or expertise related to the respective plan elements. (c) Members of the agency board. 62413. The board shall review within the region all developments of regional impact as determined by regulations of the Office of Planning and Research or under the California Environmental Quality Act Division 13 (commencing with Section 21000) of the Public Resources Code and approve, in whole or in part, or disapprove the development. 62414. The board shall issue and enforce regulations concerning fair share allocations of developments of regional benefit including, but not limited to, low- and moderate- income housing, solid waste disposal facilities, and sewage treatment facilities. The board shall develop regulations concerning methods for determining fair share allocations including, but not limited to, compensation in various forms among local agencies. 62415. In addition to any other requirements of law, the board shall review and approve, in whole or in part, or disapprove all county and regional solid waste plaas prepared pursuant to Article 2 · CA AB 4242 03/09/90 Page 12 (commencing with Section 66780) of Chapter 2 of Title 7.2. 62416. The agency board may provide for the appointment of additional standing committees as may be necessary or desirable. The board shall specify the purposes, duties, and membership of each committee. Membership on additional standing committees shall be open to appropriate federal, state and local officials, and members of the general public, as may be determined by the agency board. 62417. Subject to conditions as the board may determine, the members of each standing committee appointed by the agency board shall be reimbursed for actual and necessary expenses incurred in connection with the duties and responsibilities of the committee, and the board may establish a per diem amount, not to exceed dollars ($___) per meeting or dollars ($~) per calendar month, to represent the re'imbursement. However, any member of the agency board claiming reimbursement for expenses pursuant to the provisions of Section 62308 shall not be reimbursed for expenses pursuant to this section. CHAPTER 7. THE REGIONAL GENERAL PLAN 62500. The agency shall prepare, adopt, and maintain a regional general plan, which shall be in accordance with the goals and objectives provided in Sections 62001 and 62002. The regional plan shall be prepared, adopted, maintained, reviewed, and revised as provided in this chapter. 62501. The regional genera] plan shall contain at least the following correlated elements prepared in accordance with Section 62502 to 62505, inclusive: (a) An air quality element for the integrated development, management, and control of the air resources of the region. This element shall comply with the plans, policies, and requirements established by the State Air Resources Board pursuant to provisions of the Health and Safety Code, for the protection of ambient air quality within the state. The emission requirements, and rules and regulations established by the predecessor air pollution control district pursuant to Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code, shall be the initial emission requirements, and rules and regulations for the air quality element of the regional plan required by this section. (b) A water quality element for the integrated development, management, and control of the water resources of the region. This element shall comply with the plans, policies, and requirements established by the State Water Resources Control Board pursuant to provisions of the Water Code,. for the protection of the quality of water of the state. The "water quality management plans" prepared pursuant to Article (commencing with'Section 13240) of Division 7 of the Water Code, for all the areas within the region shall be the initial water quality ? CA AB 4242 03/09/90 Page 13 element of the regional plan required by this section. (c) A transportation element for the development and management of 'an integrated regional system of transportation of persons and goods within the region, including (1) the regional highway system, (2) bridges, tunnels, tubes or other crossings for highways or rapid transit, (3) transit and mass transit systems, (4) airports, seaports, and (5) any related facilities. The "regional transportation plan" prepared pursuant to Section 65080, shall be the initial transportation element of the regional general plan required by this section. The transportation element prepared pursuant to this subdivision shall be the regional transportation plan required by Chapter 2.5 (commencing with Section 65080) of Title 7, and shall comply with the provisions thereof. (d) A housing element identifying housing needs within the region. (e) A sphere of influence element for the region which identifies urban service boundaries based on the determinations required in Section 56425 with respect to the region. (f) A capital facilities element which shall assess the existing regional infrastructure, identify regional capital facilities needs and identify opportunities for economics to be realized in the provision of capital facilities .in the areas of shared use, sitings, financing, and operation. 62502. The initial regional genera] plan, containing all the elements specified in Section 62501, and the matters described in Sections 62503, 62504, and 62505, shall be adopted no later than ____ from the date of the organizational meeting of the first agency board. Each individual element specified in Section 62501 may be adopted at any time during the period. In addition, the agency may, as it deems necessary and appropriate, provide by ordinance for the inclusion of additional elements in the regional plan. 62503. In accordance with the goals and objectives specified in Sections 62001 and 62002, the regional general plan, and each individual element thereof, shall consider and seek to harmonize the needs of the entire region, the plans of local agencies within the region and the plans or planning activities of federal, state and other governmental or nongovernmental agencies, and organizations which affect or are concerned with planning and development for the region. The elements of the regional plan adopted by the agency shall be related to and consistent with each other. 62504. The regional general plan shall include statements, based on studies as comprehensive as feasible, concerning the following factors relevant to the region: (a) Population and population distribution by age, educational ~ CA AB 4242 03/09/90 Page 14 level, income, employment, race, and other relevant characteristics. (b) Amounts, types, levels, and general locations of commercial and industrial activities. (c) Amounts, types, quality, and general locations of housing units. (d) General location and extent of major transportation, utility and regional facilities and the plans, if any, of other public agencies to provide those facilities. (e) Amounts, general locations, and intensities of land uses by categories such as agricultural, commercial, industrial, residential, recreational and open space, and the patterns of relationships between the different categories. The statements relating to open-space land use shall identify areas which should be left in an open condition by reason of their status as: flood plains, steep slopes, earthquake fault zones or other hazardous areas which are not suitable for development in the absence of precautionary measures, which will reduce the level of risk to that comparable with adjoining, nonhazardous areas, watershed lands,-lands suitable for 'the production of food and fiber, including food and fiber which cannot be easily produced in alternate locations; lands of scenic value; lands which provide significant habitat for animal life or sites for plant life which is indigenous to the region; and lands which are suitable for regional park and recreation purposes. (f) Areas, sites, or structures of aesthetic, historic, educational, or recreational quality or usefulness. (g) Natural resources, including air~ water, forests, soils, rivers and other waters, waterfronts, shorelines, fisheries, wildlife, and minerals. The statements shall identify the present conditions and the major problems relating to development, physical deterioration, and the location of activities that use land and the environmental, social, and economic effects thereof. The statements shall show the projected nature and rate of change in present conditions for the reasonably foreseeable future in the absence of new governmental action and the probable environmental, social, and economic consequences which will result from these changes. 62505. The regional general plan shall include a list of specific policies and programs necessary to achieve the goals and objectives of the plan, and to obviate or resolve the major problems identified pursuant to Section 62504. These.programs shall include all of the following: (a) An immediate and long-range program of recommended public actions, including state legislation, enactment of Ordinances, preparation of detailed specific plans for areas within the region, and expenditure of public funds, to be undertaken by appropriate public agencies in order to achieve the objectives, policies, and ~ CA AB 4242 03/09/90 Page 15 standards of the plan and the individual elements thereof. (b) Estimates of the amounts, types, characteristics, and general -locations of ]and to be acquired by public agencies, and the regional facilities to be provided by public agencies in order to carry out the immediate and long-range programs of public actions, and an estimate of the number of persons and activities to be displaced thereby, the consequences of displacement and the provisions, if any, to be undertaken to relocate them. (c) A statement of types of development controls and general provisions thereof which are recommended for enactment in order to achieve the objectives and implement the policies of the regional general plan and the individual elements thereof. The statement shall include estimates of the costs of administering and implementing these controls, including the number and types of personnel required therefor. (d) Estimates of the costs of acquisitions, development, and enforcement of development controls necessary to implement the immediate and long-range programs of public actions, and a statement of sources of the public funds of all types which are, will be, or could be made, available for those purposes. (e) An estimate of the environmental, social, and economic consequences of the immediate and long-range programs of public actions, inclt~ding the impact on population distribution by characteristics and income, employment, and economic condJ, tions within the region and an evaluation, to the extent feasible, of the consequences of alternative programs of public action. (f) A statement of the assumptions regarding private development, and futnre development for public use by public agencJ, es upon which the immediate and long-range programs are based. 62506. The agency may amend or repeal ali or any part of the regional general plan, or any element thereof, and may adopt all or any part of a new regional general plan or element thereof. The agency director and the agency board shall continuously review the regional general plan and the various elements thereof and shall prepare those changes deemed advisable. 62507. The agency board may, by resolution, direct the agency director to prepare, or cause to be prepared, and submit for board approval, all or any part of the regional general plan or any amendment thereof. The resolution shall describe in brief and general terms the nature, location, and extent of the proposed plan or amendment to be prepared by the agency director. The agency director, on his or her own initiative, may prepare and submit to the agency board proposed amendments to the regional general plan. 62508. Pv~()v to adopting the plan, any element thereof, or any amendment thereto, the board shall, by resolution, provide for a hearing by the board on the question of whether ~he proposed plan, element thereof, or amendment thereto, should be approved and adopted by the board. ~ CA AB 4242 03/'09/90 Page 16 62509. Any resolution adopted pursuant to Section 62508 providing for a hearing shall do all of the following: (a) Concisely summarize the substance of the proposed plan, element thereof or amendment, and refer to the same on file with the agency director, for a full and complete description thereof. (b) Indicate where the proposed plan, element thereof or amendment may be examined and where copies thereof may be obtained. (c) Fix a time, not less than 30 days or more than 75 days after adoption of the resolution, and the place of hearing by the agency board on the question of whether the proposed plan, element thereof or amendment, should be approved and adopted by the board. The board shall cause notice of a hearing held pursuant to Section 62508 to be published pursuant to Section 6061 in a newspaper, or newspapers, of general circulation published in the region. Publication shall occur at least three weeks prior to the date of the hearing. The board shall also cause to be mailed n~t]ce of the hearing to each county and city within the region, and to any other public agency or private person who shall have filed a written request for mailed notice with the board. The mailing shall occur at least three weeks prior to the date of the hearing. 62510. At the conclusion of a hearing held pursuant to Section 62508, tile board may wholly or partially, with or without modification, approve or disapprove the proposed regional general' plan, element thereof, or amendment thereto. The board shall approve and adopt the plan, any element thereof, or amendment thereto by ordinance. 62511. The board may, by resolution, authorize the agency director to specify regional data, including projections of population growth and economic activity, recommended to be employed by local agencies in the preparation of local plans and ordinances or regulations relating to planning; or relating to the regulation and control of development or of preexisting uses or structures. 62512. Upon written request by the agency director, the officers of each local agency shall furnish lists of or make available to the director full and complete information concerning the nature and extent of all existing local plans and ordinances and regulations relating to planning or to the regul.ation and control of development which may have a direct or substantial effect upon any of the matters covered by the mandatory elements of the regional general plan specified in Section 62501. 62513. The agency shall adopt an ordinance designating, or authorizing the agency director' to designate, those existing plans, ordinances, and regulations of each local agency, certified copies of which shall be filed with the director pursuant to Section 62502. The agency director shall mail written notice to each local agency designating the instruments, certified copies of which shall be filed with the director. The certified copies shall be filed with the * CA AB 4242 03/09/90 Page 17 director no later than 30 days after the mailing of the notice or on or before any later date the director may authorize. 625].4. Any local agency proposing 'to adopt or amend any local plan or any ordinance or regulation pertaining to planning or pertaining to the regulation and control of development in a manner which has a direct or substantial effect on any of the matters covered by the mandatory elements of the regional general plan specified in Section 62501, shall mail written notice thereof to the agency director at least 30 days prior to the date of adoption or amendment thereof. 62515. To facilitate further the effective and harmonious planning of the agency, the agency may request from the federal or state government, or agencies and instrumentalities thereof, and from private organizations, agencies, or individuals, copies of plans, maps, reports and other documents which are related to regional planning. 62516. The agency shall submit to the legislative bodies and to the planning agencies of all of the counties, cities, to the Legislature, 'to the Office of Planning and Research, and to other governmental agencies and instrumentalities, official representatives, other agencies, organizations and individuals, public or private, in the district which are designated by the board, an annual report on or before the first day of March. The annual report shall contain a report on the status of the regional general plan, and descriptions of those sections of the regional general plan which have been amended, revised, added, or deleted during the preceding year, and a brief report of other major activities. CHAPTER 8. EFFECTUATION OF THE REGIONAL GENERAL PLAN 62550. This chapter shall apply only to the elements of the regional general plan designated in Section 62502. The agency, by one or more ordinances, shall prescribe rules and regulations, which shall be complied with by affected private persons, and in any plans, ordinances, and regulations of a local agency relating to pi. arming or to the regulation and control of development. These ordinances shall be enacted during the time the regional general plan and the individual elements thereof are under preparation as well as after the t/lan and the elements thereof have been adopted. The board shall, by resolution, provide for a hearing by the board on the adoption or amendment of any ordinance authorized by this section. The resolution shall summarize the substance qf the proposed ordinance or amendment, shall indicate where copies thereof may be obtained, and shall fix a date and time, not less than 21 days nor more than 60 days, from the adoption of the resolution, when the hearing shall be held. Notice of the hearing shall be given as provided in Section 62509. 62551. In accordance with the policy stated in Sections 62000, 62001, 62002, the rules and regulations adopted pursUant to this title shall be limited to those specific matters which have a direct and substantial effect upon the accomplishment of the objectives and ~ CA AB 4242 03/09/90 Page 18 policies of the regional general plan or individual elements thereof, and shall be no broader nor more stringent than is reasonably necessary for the accomplishment of the regional objectives and policies. 62552. The plans of all local agencies shall be consistent with any regional rules or regulations prescribed pursuant to Sections 62550 and 62551. The board shall review all local genera] plans as defined in Section 65302. When the board has made a determination that a general plan or an element is consistent with the regional genera] plan the determination may be appealed only for reasons and within time periods as the board shall adopt by rules and regulations. 62553. The ordinances dr regulations of all local agencies regulating and controlling development shall be consistent with the regional rules and regulations of the agency prescribed pursuant to Sections 62550 and 6255]. 62554. The rules and regulations based on the air-quality element of the regional plan shall include the specific air quality emission requirements prepared as part of the element pursuant to Section 62501. 62555. If the agency director concludes that there is any inconsistency between the rules and regulations prescribed by the agency and the provisions of any existing or proposed ordinance or regulation of a local agency, the director shall, mail a written notice of nonconformity to the local agency. The director shall notify any affected private persons of any inconsistency in the same manner. The notice of nonconformity shall identify the inconsistency and contain a statement of facts and reasons supporting the director's conclusion of inconsistency. 62556. Within 90 days after the mailing of the notice of nonconformity pursuant to Section 62553 or within an additional time as the agency director may authorize, the local agency or affected private person shall either take steps necessary to eliminate the inconsistency, or file an application with the director requesting a hearing and determination by the board on the question of inconsistency. Any application shall contain a statement of facts and reasons supporting the conclusion that there is no inconsistency. 62557. Upon the filing with the agency director of an application requesting a hearing and determination by the agency board on the question of inconsistency, the director shall fix a time and place of hearing on the question and mail written notice thereof to the local agency or affected private person. The date of the hearing shall be at least 15 days after the date of mailing of the notice. 62558. At the hearing the board shall consider the agency director's written notice of nonconformity and the application for a hearing. The board shall receive evidence from the director, authorized representatives of the local agency, and any other interested public agency or private person. At the conclusion of the hearing, ifr the board is Of the opinion that an inconsistency exists, the board may adopt an order directing the local agency to cease and ~ CA AB 4242 03/09/90 Page 19 desist from enforcing, maintaining or acting pursuant to any inconsistent provisions of any existing plan, ordinance, or regulation of the agency or from adopting any proposed plan, ordinance, regulation, or any amendment thereof, containing inconsistent provisions. In the case of a private person, the Order shall direct the private person to cease and desist from the specific action found to be inconsistent. Any violation of a cease and desist order may be enjoined by the superior court in any county on application of the agency. Injunctive proceedings shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required in any action commenced by the agency. A majority vote of the board shall be required to adopt a cease and desist order with respect to a rule or regulation based on any element of the regional plan or initial plan which has been adopted by the agency pursuant to the provisions of Chapter 7 (commencing with Section 62500). 62559. The provisions of this chapter shall not apply to any city, county, or city and county within the region with respect to state highway location therein. 62560. The adoption by the agency of any plan or ordinance authorized by this chapter or Chapter 7 (commencing with Section 62500) shall not preclude the adoption by a local agency of any plan or any ordinances or regulations affecting any of the mandatory elements Of the regional plan specified in Section 62501. Each local plan, ordinance, or regulation, however, shall be subject to the provisions of t~is chapter. CHAPTER 9. REVIEW OF APPLICATIONS FOR FINANCIAL ASSISTANCE 62580. As used in this chapter, "financial assistance" means financial assistance extended to any local agency by the state or federal govern'ments or any other public agency, including grants and contractual arrangements, such as loans, loan guarantees, insurance' and any other form of financial assistance, but shall not include financial assistance extended by one local agency to another local agency. 62581. If any application by a local agency for financial assistance relates to or substantially affects any matter within the scope of any of the mandatory elements of the regional general plan, as set forth in Section 62501, the application shall be submitted to the board for approval not later than 30 days prior to the date on which it is submitted to the agency from whom financial assistance is proposed to be requested. In approving or disapproving any application, the board shall take the following factors into account: (a) Whether the project or purpose for which financial assistance is requested is consistent with the regional general plan. (b) The relative priority of the project or purpose with respect to other projects or purposes for which financial assistance is being or ~ CA AB 4242 03/09/90 Page 20 may be sought by other public agencies. (c) Any other factors deemed to be relevant. The agency may submit comments and recommendations concerning the application to the applicant and to the agency from whom financial assistance is requested. The agency is designated as the agency authorized to approve or disapprove any applications for financial assistance from the state or federal governments which are required to be reviewed by an areawide agency designated to perform metr0Politan or regional planning. 62582. The agency shall adopt an ordinance prescribing a procedure and providing standards and criteria to be followed in reviewing applications for financial assistance and the making of comments and recommendations thereon. The ordinance may exempt from review certain classes of applications described by. amount, project, purpose of assistance sought, or other relevant criteria. The ordinance may authorize the agency director to review, comment or make recommendations upon certain classes of applications. CflAPTER ~0. AGENCY OFFICERS AND E~PLOYEES 62600. The agency board shall appoint, prescribe the compensation for, and may remove at any time, an agency director and a legal counsel. As an alternative to employing a separate legal counsel, or as a supplement thereto, the agency board may contract with the Attorney General of the State of California for appropriate legal services. 6260]. The agency director shall be the chief administrative and planning officer. The director shall, subject to policies established by ordinance of the board, do all of the following: (a) Direct and administer ~he preparation, general maintenance, regular review, and revision of the regional general plan, and administer and execute all of the other functions and duties of the agency as set forth in this title. (b) Appoint and remove personnel of the agency, with the exception of the legal counsel. (c) Serve, or designate personnel to serve, as executive secretary to ~he board. (d) Perform other duties and exercise other powers as the board may delegate to him or her. 62602. In enacting the personnel ordinance.required by Section 62408 the agency shall consider the availability of personnel employed by the local councils of government air pollution control districts, regional water quality control boards, regional transportation agencies, local agency formation commissions, and other appropriate agencies who, by reason of their employment-, possess the '~ CA AB 4242 03/09/90 Page 21 administrative and technical skills necessary to staff a regional development and infrastructure agency. 62603. When the agency board, becomes the ex officio governing body of air pollution control districts, regional water quality control boards, regional transportation agencies, local agency formation commissions, the agency director shall, immediately and aatomatically, become the executive director or other chief administrator of those entities and shall exercise the respective powers and duties of those offices. The agency director shall appoint those deputies as may be necessary to manage the day-to-day operations of those agencies. The agency director may authorize those persons to exercise any of the powers and duties which he or she is required to exercise pursuant to 'this section. The appointment of those persons shall be subject to confirmation by the agency board, floweret, after those persons have been confirmed by the agency board, they shall serve at the pleasure of th~ agency director and shall be directly responsible to him or her. 62604. The ~egal counsel shall be responsible to the agency board and shall provide those legal services to khe agency as the agency may require or as are required by law. CHAPTER 11. FINaNCIaL P~OVISIONS 62650. On the date that the agency board becomes the ex officio governing board of the various entities that agency replaces pursuant to this title all revenues which counties and cities provided to those entities shall be provided to the agency for its support. Counties and c~ies shal~ contribute no less than the amount they provided 'in 1989-90 fiscal year and shall annually increase contributions indexed to the increase in each year's county or city budget over the 1989-90 budget. 62651. The fiscal year of the agency shall begin on July I of each year and end upon June 30 of the following year. 62652. ~t that time that the agency board may prescribe, but not later than the first regular meeting of ~he board in May of each year, the agency director shall prepare and submit to the board a budget estimate of the expense of conducting the agency for the ensuing fiscal year. 62653. The budget estimate shall be in a form as the agency board may prescribe. The budget estimate shall contain a summary of the fiscal policy of the agency for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of financing the budget for the ensuing fiscal year, contrasted with the corresponding data for the current fiscal year. The budget estimate shall also contain a statement of the resources of the general reserve fund to be carried over to the ensuing fiscal year. The budget estimate may include an unappropriated balance item to be available for appropriat'ion in the ~? CA AB 4242 03/09/90 Page 22 ensuing fiscal year to meet unforseen contingencies, other than contingencies resulting from temporary insufficiencies in the revenues of the agency. 62654. After submission of the budget estimate, the agency board shall fix a time and place for hearing by the board thereon. The agency director shall cause notice of the hearing to be published pursuant to Section 6061 in a newspaper, or newspapers, of general circulation published in the region. The director shall also cause to be mailed notice of the hearing to each county and city within the region and to any other public agency or private person who shall have filed a written request for such notice with the board. Notice required pursuant to this section shall be given at least 15 days prior to the date set for the hearing. 62655. At the budget hearing, the agency board may increase or decrease any item in the budget estimate and may delete any item therefrom or add any new item thereto. 62656. Upon the conclusion of the hearing and not.later than June 30, the agency board shall approve by ordinance the budget estimate, as submitted by the agency director or as revised by the board, and thereupon the same shall constitute the final budget for the ensuing fiscal year. 62657. The several items of the final budget shall be deemed appropriated for the ensuing fiscal year in the amounts and for the purposes specified in the final budget ordinance, unless altered or modified pursuant to Section 62655. 62658. For the purpose of providing against temporary insufficiencies in the revenues of the agency and of keeping the payment of the operating expenses of the agency on a cash basis, the agency shall cause to be created and maintained in the regional treasury a permanent revolving fund known and designated as the "General Reserve Fund." The fund shall be maintained in such amount as the agency may specify but shall be sufficient to meet ail estimated demands against the treasury for a period of not less than three months or more than sJ.x months. 62659. If at any time the revenues of the agency shall be insufficient to pay any demand against the agency treasury, as the same becomes due and payable, the agency director may transfer moneys from the General Reserve Fund to the fund or account in the treasury from which any such demand is payable. Any amount so transferred shall be deemed a loan to the fund or account to which transferred and, upon receipt of revenues, the director shall retransfer such amount to the General Reserve Fund. CttAPTER 12. RECALL OF BOARD MEMBERS 62700. Any member of the agency board may be recalled pursuant to the provisions of this chapter. Any board member may be recalled if a sufficient petition for his or. her recall is presented to the agency ~ CA AB 4242 03/09/90 Page 23 director at any time after six months from the commencement of his or her term of office and prior to six months before the expiration of his or her term of office. A separate petition is necessary to propose 'the recall of each board member. 62701. Before circulating any petition, the proponents shall file with the agency director a circulation notice declaring their intention to circulate the petition. The circulation notice shall set forth the request to be made in the petition and contain a statement, not exceeding 500 words, of the reasons' for the proposed petition. The statement is intended solely for the information of voters and no insufficiency or inaccuracy therein shall affect the validity of the petition nor any election held pursuant thereto. 62702. After the filing with the agency director of a circulation notice, the proponen'ts shall cause the notice to be published in a newspaper of general circulation, circulating within the affected election district. The proponents shall file an affidavit of publication of the notice with the agency director not later than 10 days after the last publication. Fifteen days after the last publication, the petition for recall may be circulated. 62703. Within 10 days after the filing of a circulation notice, the agency director shall give mailed notice of the filing to the county clerk of each county. The notice shall indicate the request to be made in the petition and the date of filing the circulation notice. 62704. Any board member proposed to be recalled may file an answer, not exceeding 500 words in length, with the agency director answering any statement of reasons contained in the circulation notice. The board member, at his or her own expense, may cause the answer to be published, in which case he or she shall file affidavits of publication thereof with the agency director. 62705. A petition may be circulated as a sing]e instrument or in separate counterparts. The petition shall contain a copy of the circulation notice. The petition shall state the name of the board member sought to be recalled. 62706. Each recall petition or counterpart shall have printed across the top of the first page in at least 12-point boldface type: "Petition for Recall of Board Member, Regional Development and Infrastructure Agency." 62707. No petition or supplemental petition shall be accepted for filing by any county clerk unless all signatures thereon were affirmed within 180 days after the date of filing with the agency director of the circulation notice. 62708. The circulator of a petition shall be a registered voter and resident of the region. 62709. Each signer of a petition shall sign his or her signature and affix the date thereof and his or her place of residence, giving the street and number or a designation sufficient to enable his or her place of residence to be readily ascertained. Prior to filing the CA AB 4242 03/09/90 Page 24 petition, the name or number of the election precinct in which each signer resides shall be added thereto. 62710. The circulator of each petition shall attach his or her affidavit thereto stating, according to information and belief, that: (a) Each signature appearing on the petition is the genuine signature of the person whose name it purports to be. (b) Each signer, atCthe time of his or her signature, was a resident of the region and a. registered voter of the county. (c) The circulator personally observed each signer as he or she signed his or her signature and affixed the date thereof and his or . her residence address. 62721. The petition shall be filed with the county clerk of the county within which it was circulated. All counterparts circulated in any county shall be fi]ed at the same time. 62712. Upon the filing of a petition, the county clerk shall examine the petition and determine, from the records of registration, the number of residents of the region and registered voters within the county who have signed the petition. 62713. _Within 20 days after the filing of a petition, the county clerk shall complete his or her examination of the petition, shall execute his or her certificate showing the result of his or her examination and shall, transmit the certificate to the agency director together with a certified copy of the petition. The copy need not contain any of the signatures or names appearing on the original petition. 627]4. Within 30 days after the county clerk shall have transmitted a certified copy of the original petition and his or her other certificate pertaining thereto, a supplemental petition identical to the original, but containing additional signatures, may be fi]ed with the county clerk. Within 10 days thereafter, the county clerk shall examine the same, execute his or her certificate showing the results of the examination and transmit the certificate to the agency director, together with a certified copy of the supplemental petition. 62715. The county clerk shall retain a copy of each certificate executed by him or her and all original petitions and supplemental petitions with their respective signatures and names. The petitions shall be retained on file for one year, after which they may be destroyed unless they are material to some action or proceeding then pending. 62716. If a recall petition is signed by voters numbering more than $ percent of the entire vote cast within the designated election district for all candidates for Governor at the last gubernatorial election, the agency director shall present the petition to the agency board. Within 10 days thereafter the agency board shall call a special election within the designated election district to determine whether ~ CA AB 4242 03/09/90 Page 25 the .incumbent board member shall be recalled. 62717. The agency board shall call any special election required as a result of the presentation to it of a sufficient petition. The election shall be called in accordance with the general provisions of the Elections Code applicable to the calling of special elections for cities and counties. 62718. The ballots, in addition to matters otherwise required by law, shall state: "Shall (name of person proposed to be recalled) be recalled from the office of member of the governing board of the Regional Development and'Infrastructure Agency?" Opposite the statement, the words "Yes" and "No" shall be printed on separate lines, with .voting squares. 62719. At least 10 days prior to the recall election, the county clerk shall mail a sample ballot and a separate printed copy of the statement of the proponents of the recall and the answer, if any, of the elected board member sought to be recalled, as theretofore filed with the agency director. 62720. If ].ess than a majority of voters voting on the question of recall vote "Yes," the incumbent board member shall continue in office. If a majority vote "Yes," the incumbent board member shall be deemed recalled from office upon the qualification of his or her successor. 62721. If a vote recalls the incumbent board member from his or her office, the office shall be vacant and the vacancy shall be filled in the manner specified in Chapter 5 (commencing with Section 62300). 62722. All costs incurred by a county pursuant to this chapter in connection with proceedings and elections for recall shall be reimbursed by the agency. SEC. 4. Section 65302 of the Government Code is amended to read: 65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element which designates the proposed general distribution and. general location and extent of the uses'of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to those areas. The land use element shall designate, in a land use category that provides for timber production, those parcels of real property zoned for timberland production pursuant to the California ~ CA AB 4242 03/09/90 Page 26 Timberland Productivity Act of 1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5. (b) A circulation element consisting of the general location'and extent of existing and proposed major thproughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover: (1) The reclamation of land and waters. (2) Prevention and con'trol of the pollution of streams and other waters. (3) Regulation of the use of land in stream channels and other areas requir'ed for the accomplishment of the conservation plan. (4) Prevention, control, and correction of the erosion of soils, beaches, and shores. (5) Protection of watersheds. (6) The location, quantity and quality of the rock, sand and gravel resources. (7) Flood control. The conservation element shall be prepared and adopted no later than December 31, 1973. (e) An open-space element as provided in Article 10.5 (commencing with Section 65560). (f) A noise element which shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Department of Health Services and shall analyze and quantify, to the 'extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources: (~) Highways and freeways. (2) Primary arterials and major local streets. ~ CA AB 4242 03/09/90 Page 27 (3) Passenger and freight online railroad operations and ground rapid transit systems. (4) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not limited to, railroad classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. Noise contours shall, be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average ]eve]. (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive. The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insulation standards. . (g) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mUdslides and landslides; subsidence and other geologic hazards known to the legislative body; flooding; and wild ]and and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, peak]oad water supply requirements, and minimum road widths and clearances around structures, as those items re]ate to identified fire and geologic hazards. Prior to the periodic review of its general plan and prior to preparing'or revising its safety element, each city and ~ounty shall consult the Division of Mines and Geology of the Department of Conservation and the Office of Emergency Services for the purpose of including information known by and available to the department and the office required by this subdivision. To the extent that a county's safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county's safety element that pertains to the city's planning area in satisfaction of the requirement imposed by this subdivision. At least 45 days prior to adoption or amendment of the safety element, each county and city shall submit to the Division of Mines and Geology of the Department of Conservation one copy of a draft of ~ CA AB 4242 03/09/90 Page 28 the safety element or amendment and any technical studies used for developing the safety element. The division may review drafts submitted to it to determine whether they incorporate known seismic and other geologic hazard information, and report its findings to the planning agency within 30 days of receipt of the draft of the safety element or amendment pursuant to this subdivision. The legislative body shall consider the division's findings prior to final adoption of the safety element or amendment unless the division's findings are not available within the above-prescribed time limits or unless the division has indicated to the city or county that the division will not review the safety element. If the division's findings are not available within those prescribed time limits, the legislative body may take the division's findings into consideration at the time it considers future amendments to the safety element. Each county and city shall provide the division with a copy of its adopted safety element or amendments. The division may review adopted safety elements or amendments and report its findings. All findings made by the division shall be advisory to the planning agency and legislative body. (h) An interjurisdictional cooperation element showing > relationships and stating principles and guidelines to be used in the > accomplishment of coordination of the general plan with the plans of > other local agencies providing services, but not having regulatory > authority over the use of land, with the plans of adjacent local > agencies, the region, and, when applicable, the state. This element > shall demonstrate consideration of the particular effects of the > general plan, when adopted, upon the development and revenues of > adjacent local agencies, the region, as defined in Article 1 > (commencing with Section 62200) of Chapter 3 of Title 6.5, and the > state, as the case may require. This element shall take into > consideration comments received pursuant to Section 65352 from other > agencies. > (i) A capital facilities element, which shall describe the capital > facilities required by other elements of the general plan at the time > of adoption of this element or amendment of this element or the > general plan. The capital facilities element shall include an estimate> of capital facility costs, time required to provide the capital > facilities, and the sources of funding for the capi'tal facilities.> SEC. 5. Section 40002 of the Health and Safety Code is repealed. 40002. There is continued in existence and shall be, in every ] county, a county district, unless the entire county is included within] the bay district, the south coast district, a regional district, or a ] unified district. ] However, if only a part of the county is included within the bay ] district, the south coast district, a regional district, or a unified ] district, there is in that part of the county not included within any ] such district a county district.] ~SEC. 6. Section 40003 of the Health and Safety Code is repealed. 40003. A county may be in two or more districts, but not in two or] ~ CA AB 4242 03/09/90 Page 29 , [ more county districts.] SEC. 7. Chapter 2 (commencing with Section 40100) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 8. Chapter 2 (commencing with Section 40100) is added to Part 3 of Division 26 of the flealth and Safety Code, to read: 40100. There is in each region, as defined in Section 62200 of the Government Code, a regional development and infrastructure agency board which succeeds to all the powers, duties, and responsibilities of county air pollution districts and all other air pollution control districts and air quality management districts established in this part. Any reference to any of these districts in this part shall be deemed to mean the regional development and infrastructure agency board. SEC. 9. Chapter 3 (commencing with Section 40150) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC 10. Chapter 4 (commencing with Section 40200) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC 11.. Chapter 5 (commencing with Section 40300) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC 12. Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 is repealed. sec ].3. Chapter 9 (commencing with Section 40900) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 14. Article 1 (commencing with Section ]3200) of Chapter 4 of Division 7 of the Water Code is repealed. SEC ]5. Article 1 (commencing with Section 13200) is added to Chapter 4 of Division 7 of the Water Code, to read: Article 1. Regional Development and Infrastructure Agency 13200. There is in each region, as defined in Section 62200 of the Government Code, a regional development and infrastructure agency board which succeeds to all the powers, duties, and responsibilities of regional boards under this chapter. Any reference to a regional board in this chapter shall be deemed to mean the regional development and infrastructure agency board. SEC. 16. Article 2 (commencing with Section 13220) of Chapter 4 of Division 7 of the Water Code is repealed.. SEC. 17. No reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of. the Government Code for costs-mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain lf CA AB 4242 03/09/90 Page 30 reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law. Notwithstanding Section 17580 of ~he 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. END OF REPORT In bill text, brackets have special meaning: < > contains added text, and [ ] contains deleted text. GEARY TAYLOR scott JONES COUNTY ADMINISTRATIVE OFFICER D,rector of Budge, & Finance MARY WEDDELL JOEL HEINRICHS Assistant County Admimstrative Officer Director of Poi~cy Analys~s & Intergovernmental Relations ROBERT SEVERS Employee Relalions Oiflcer COUNTY ADMINISTRATIVE OFFICE February 13, 1990 Board of Supervisors County of Kem Kern County Civic Center Bakersfield, California LEGISLATIVE MATYER At~ached for the Boaxd's review and adoption of a position is a bill analysis of SB 1770 (McCorquodale) proposing the creation of a valley wide air quality management district. This bill is similar to Senator McCorquodale's 1989 proposal contained in SB 1022, which the Board opposed. It is reeonunended the Board adopt an oppose position on SB 1770. Also attached is a draft letter to the cities within Kern County conveying the Board's position on SB 1770 for the Chairman's signature. IT IS RECOMMENDED the Board adopt an oppose position on SB 1770 and authorize the chairman to sign letters to Kern County cities and notify appropriate legislators of the Board's position. Sincerely, GT/ES/ce/sb 1770.ha Attachments cc: Air Pollution Control District Resource Management Agency 1415 Truxtun Avenue, Room #704 BAKERSFIELD, CALIFORNIA 93301 (805) 86I 2371 BILL ANALYSIS Bill No.: Senate Bill 1770 Author: McCorquodale, (D-San Jose) Existing Law: E:dsting law provides for the creation of county air pollution control districts in every county not included within specified, regional air pollution control districts or air quality management districts. Every air pollution control district and air quality management district is required to adopt and enforce regulations to achieve and maintain the state ambient air quality standards for the area under its jurisdictions, to enforce applicable state law, and to endeavor to achieve and maintain federal ambient air quality standards. Proposed Law: This bill is similar to Senator MeCorquodale's 1989 proposal contained in SB 1022. The proposal was amended out of SB 1022 before the bill was approved and ehaptered. SB 1770 creates the San Joaquin Valley Air Quality Management District (valley district) which would be composed of all portions of the counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare. The valley district would commence operations on an unspecified date and assume all of the authority, responsibilities, functions, and duties of the county air pollution control districts of those counties. A governing body, the San Joaquin Valley District Board (board), would exercise all the powers of the valley district. Thirteen members would be appointed to the Board, consisting of eight members appointed from each one of the affected counties' Board of Supervisors and five members appointed from each one of the following city councils, Bakersfield, Fresno, Modesto, Stockton, and Visalia. The 1989 version proposed nineteen members, which included the previously mentioned members, a Governor appointee, a Senate Rules Committee appointee, a Speaker of the Assembly appointee and three additional city appointees. The bill provides for the board to develop and adopt air quality attainment and maintenance plans to comply with applicable federal and state law and to adopt rules and regulations to carry out' the plans. The rules and regulations of the county districts will remain in effect and be enforced by the valley district until they are rescinded by the board. The bill provides for the valley district to adopt a schedule of fees levied on permitted and other sources of air pollution to recover its costs of implementation. Two provisions of this bill, which were not included in the 1989 proposal, provide for the valley district to incur indebtedness and adopt a surcharge on motor vehicle registration fees. The surcharge, not to exceed four dollars ($4), applies to motor vehicle registration fees applicable to all motor vehicles registered in the counties within the valley district and will be used for programs aimed at reducing the emissions from motor vehicles. Recommendation: - Oppose. Discussion: At this time, there is no need for the proposed valley district. The eight counties mentioned in this bill have recently formed an authority to strengthen the regional approach toward air pollution control in the San ~oaquin Valley. In 1971, the San Joaquin Valley Basinwide Air Pollution Control Council (BCC) was formed and has met at least quarterly for nineteen years to review, revise and approve plans and rules for air pollution control as required. Rules approved by the BCC have been forwarded to each of the eight valley counties for individual Air Pollution Control Board adoption, however, there has been no mechanism in place to require uniform rules. Recently, the BCC developed a joint powers agreement which forms the Unified San Joaquin Valley Air Basin Authority. The joint powers agreement applies to the eight San Joaquin Valley counties but excludes the desert portion of Kern County. The Authority will adopt all rules for the basin which will be binding on county members to the extent allowed by law, submit attainment plans, develop valley wide enforcement procedures and permit processing guidelines, and establish uniform settlement schedules. The authority will also comment on all environmental impact reports with regional impacts. The Authority will be governed by an eight member board, consisting of one supendsor from each county. The board will be advised by a twenty-four member Citizens Advisory Board, consisting of representatives from cities, industrial, agricultural and environmental interest groups. Additionally, local districts in the valley have voluntarily joined together to develop the most comprehensive, up-to-date ambient dispersion modeling effort initiated anywhere in the world to date, the San Joaquin Valley Air Quality Study. Kern County's Air Pollution Control Board has taken the lead in coordinating and developing this study, which encompasses the entire San Joaquin Valley. Local industry and local districts have joined together (without legal mandate) to fund and develop this study. The results will enable the development of reasonable and effective control strategies for the entire valley air basin. Local control of air pollution control programs, combined with a regional approach to planning and research, provides the most effective, efficient and responsive regulation of air pollution. Local air pollution control boards are .sensitive and responsive to the public health needs and wants of their constituents. Local officials have immediate access to the information and experts needed to solve very speeial~7.ed local problems. Solutions to specialized local air pollution problems are most quickly formulated and solved by local boards. This benefit to the population should be preserved by protecting local conttoL With the formation of the Authority, local control will be preserved while achieving a regional approach to air pollution attainment plan development, enf°reement procedures, settlement schedules and rules, to the extent allowed by law, in the Valley basin. In summary, the Authority allows for regional planning of air. pollution control regulations for the Valley basin. It properly strengthens the control of air pollution on a regional basis, but also preserves local fee setting authority, local hearings on air quality regulations and local control of air quality staff. Conversely, the proposed creation of a valley district would shift fee setting authOrity to a regional, indirectly elected body and could possibly result in an organization operated out of Fresno and the reassignment of local air pollution Control district staff to the new agency. This proposed addition of another layer of government would most likely result in more costs, delays and public inconvenience. Fiscal Impact: Currently, funding of air pollution control programs is a local matter. However, this bill provides for the proposed valley clistriet to establish a schedule of fees to cover the costs of implementation and operation. It is anticipated the valley district will cost significantly more based on comparable budgets in other areas of the state. In addition, areas with high concentration of industrial sources, but relatively small populations could be required to provide a disproportionate share of the total fees. Status: In Senate Committee on Local Government. SENATE Brr.r. No. 1770 Introduced by Senator MeCorquodale An act to amend Section 4/1002 cd, to add Sectiom 39058.3 and 390,58.$ to, and to add Chapter 11 (commencing with Section 41100) to Part 3 of Division 26 of, the Health and Sa/ety Code, relating to air pollution. ~TIVE CO~$ DIGEST SB IT/0, as introduced, McCorquodale. Air pollution: San Joaq-in 'Valley. (1) Existing law provides for the creation o£ county air pollution control districts in every county not included wj~hln specified other air pollution eon~-ol districts or air q,~ilty management d&trict~ Every air pollution control district and air quality management district is required to adopt and enforce reg~l~tions to achieve and r~i~in the state ambient air quality s~tarch f~r the area under its jurisdiction, to enforce applicable state law, and to endeavor to achieve and mnln~nln federal ambient air q-~llty This bill would create the San Joaq,,i,, Valley Air Quality Management District to include all of the 'Counties of Fresno, Kern, Kings, Madera, Mereed, San Joaquin, Stanillaus, and Tninre. The district would a.smme the functions of the coUnty air pollution control districts in those counties on an unspecified date. The bill would provide for a cl~trict board with members appointed as specified. The bill would speeif7 the duties and functions of the dlstriet with respect to the adoption of rules and re~lations for the control of air pollution and would require the adoption of air quality attainment and mainten~,~ee plans. The bill would permit the district to adopt a schedule of fees levied on sources of air pollution mbjeet to district regulation to recover its costs of implementing th~ bill. sy im._P0sins' duUe , the dim _ nd r_equirins wo~d ~m~ a ~~~ 1~ pr~es ~or ~g ~t re~mb~ent, ~elu~g ~e crea~on of · S~te M~t~ ~m~ F~d to pay ~e ~s~ of m~t~ w~ch do not exc~=d $1,~,~ ~te~de ~d o~er pr~es ~or cl~im~ who~ ~te~de co~ exc=~d ~1,~,~. ~ b~ wo~d pro.de ~t ~r ce~ ~ ao re~b~ement ~ r~~ by th~ act ~r a ~~ re~ However, ~e b~ wo~d pro.de ~ E ~e CommOn'on oa ~t~ by ~e ~te, re, tab--meat ~r ~o~ co~ ~h~ll ~ s~te~de cost d~ not exc==d ~1,~,~, s~ ~ m~de ~om Vote: ~jo~. Approp~o~ no. F~c~ co~~: y~. I SE~O~ L ~°a 3~.3 ~ add~ to ~e He~ 2 ~d S~W C~e, to re~ 3 3~.3. '~ey ~et" me~ ~e S~ 4 V~ey ~ ~~ M~n~gement D~ct creat~ p~t ~ ~pter 11 (~en~g ~ ~on 411~) of P~ 3. ? SEC. 2. ~6on 3~.5 ~ ~ded to ~e He~ ~d 8 S~eW C~e, to rea~ b~y of ~e v~ey 11 SEC. 3. ~on ~ of ~e He~ ~d S~eW C~e 12 ~ ~end~ to re~ 13 ~ ~ere ~ ~n~u~ ~ e~tence ~d ~ ~, ~ 3 ti~ bay cusm~ ~ sra.,th eo~t clLs~et, the vaZ/e~, dY. sm'ct, 11 ~AG~ D~~ 13 ~de I. '~ae~ ~o~o~ 15 ~11~. ~e ~~e fin~ ~d d~es ~ ~Dows: 18 (b) ~e v~ey ~ ~o~ ~ ~DuUon prob~em~. ~e Ig met~ro~o~e~ ~o~ of ~ ~~c ~e~ ~ ~p,,i~o~ motor verde mil~ ~ ~ve~ ~d ~e a~r of ~o~ ~e~, ~ of ~ ~ w~ch lead to ~~ ~ ~Du~on. ~ (d) ~ ~Hu~on ~ ~cr~y eudnn~e~ ~e ~ he~ ~d were of ~e re,oh's cicero ~d ~ adversely ~p~g a~c~e, ~e re,oh's mjor ~ (e) ~d~ ~W ~c~ ~ve Md ~ted ~ mcce~ ~ r~u~ ~ ~Hu~on ~ ~e v~ey. ~e h a 31 ne~ for b~de appro~h to ~e 31 proble~ ~ ~e S~/oaqm V~ey. M~sement Dh~ct ~ hereby ~eat~.~e ~~ct ~ com~ of ~e ~~ of Fr~o, Kern, ~gs, Mader~ ~ Merc~ S~ ]oaq~ S~~, ~d T~e. ~e v~ey 37 ~ct ~ ~mmen~ o~o~ on , ~d on ~ ~t ~te s~ ~e ~ of ~e au~o~W, re~bffiUes, 39 ~c~om, ~d du~ ~ ~e ~W ~ ~Hu~on consol ~ ~c~ of ~o~ ~~ w~ shmil ~ merg~ ~to ~e - 9g 110 SB IT~O .--4-- 4110L The San Josq,,{,, Valley District Board is the 4 govemi~ lxxly of the valley district and shall exe~se ail the powers of the valley dbtrict. 41103. (a) The members of' the valle), district board (1) The board of supervisors of each county in the valley district ,h,i! by majority vote appoint one of its 19fl. ----~er~u-~bers to serve as a member of the valley district 11 (2) The city council of each of the Cities of B~kersfield, 1~. Fresno, Modesto, Stockton, and Vi.~lh shall by nmjority 13 vote appoint one of it~ members to serve as a member of 14 the valley district board. 15 41104. Each member appointed by a county ,h,!! hold 16 oi~ice ~or a term of ~our years and until the appointment 17 of a successor, and each member appointed by a city 18 hold oftlce ~or a term of two years and until the 19 appointment of a successor. ~0 41105. (a) Any vacancy in the valle), d/strict board ~h,i! be Ftlled by appointTnent in the same manner ~s the vacatin~ member was appointed. Any member of the ~L3 valley district board m~y be removed at any t~me in the ~ same manner as he or she was appointed. (b) A vacancy oa the valley d/strict board automatically created when a valley district board Z7 member no longer serves on the gover-ln$ body of the ~8 appointing power. The ~ppointing body shaft appoint one ~9 of its members to ~ the unexpired term. 30 41106. A m-jority of the members o£ the vslley district 31 board constitutes a quo~,m ~or the transaction o£business 32 and may act £or the valley district board. 33 41107. The valley d/strict board sb~d! elect 34 eh-irperson every two years ~rom its membership. No 35 member ~h,i! serve more H~,a two consecutive terms ~s ~ t'h~irp~rson. ~? 41108. Tho valley district board may, by ~ adopt'a civil servie~ system for any or all employes of the ~ valley district, exempt that the air pollution control oftleer 40 ~h.ll bo exempt from that system and shall serve at the " .-- S-- SB 1770 1 '32 pleuure of the vi]by diltr~ board. ' -~.,~ ArUcle2. Powers 8 ..41110. _The rules and relUhtiom oF the county di ..tric . in. _efi t and be en/orced by the 10 vauey clf~x~t un~ the individual rules and reaulntion~ 1~. ds-~cr~?.shall, as moa as pra??cable, review the rules aad 13 re .guJati .o~s of the county districts ?.d shall adopt rules 14 an~lreg,,atioas for the valley district. 15 111. The valley district board ~h~il develop and 16 adopt the plans aecessary to comply with applicable 17 ,te -w, aud s Ch pte, 10 (commen g ~ 18 Mm ~%~on 40910). The valley district board shah adopt 19 rules and reg~l~_tioas that carry out the plans. .~ 20 411L~ (a) No provision of this chapter I~rnlts the o.1 power of any city or county included with~,~ the district ~ to adopt any ordimmce with respect to air pollution 23 control which is stricter than the rules and regulatiom 24 adopted by the v~ley district board and not in conflict ~ therewith. The valley ci~ct board shall enforce an), such ord~s~qce. (b) A.t the request of the governing ,.b?i. y of any city or ..m~mc~ re)ara m~y m~ke avaihble, on a temporary basis, me necessary persormel, equipment, and services to assist 31 in adopt/n~ any ord/nance stricter.than the rules and 32 re~i~t/ons adopted by the valley d/strict. _~ ~ 41113. ~Th.e valley district board .~h~ii have the ~enera] _p__o.~e~_ _~..a/luties specified in Chapter 6 /commencin~ 35 win3 ~-cmon 40700). The valley clistrict may adopt 3~7 regulations to limit or mitiaate the impact on air quality o£ indirect or areawide sources. 38 41114. Chapter6.5 (commencinfwithSect~on~700), ~ ~ Chapter ? (com,~enc~ua with Section 40750~, and Chapter 8 (commencing with Section 40800) appl~ to the 7 - - . . . . apafion~erevenue c~en~ y~ m w~ ~e ~ . . ~r ~e 8 ~ee- ' ~ __ . _ .de~t~~m~or~r . = or me ~me ~r eider ~ c~ent y~ or ~e 11 41116. ~e 14 ~ct ~v ~o~ ~'~~,~ ~pter. ~e v~ey 5 ~~ ~ ~ver ~ ~d 16 mo * · e~ofp~g, · mto~ r~ . ~~o~ 19 ~e v~ey re~a~on ~ a--~-~' - ~e motor re,cie . -. . ~g ~me to ~ motor ve~cles Ve cl neS nt of otor ~ a '" · a~uc~g ~e ~e , ~~ve ~s~ . . P~ent ~ 't~. v~ey ~ct p~, ,_ .~. .. ~ecewed by ~e pro~ ~ _, _T~ ~o ~,s~on ~ be ~ for ve~cles. ~ '~ r~u~g me e~o~ ~om motor 31 SEC. 5. · o~ ~s~ mr w~en ~e loc~ agency or ~chool ~ct ~ ~e au~o~ to le se ~, or ~--~ __~ . . ~ ~ce ch~=es ~uo~eHttO a ~r = ' level of se~ce ~--,_~ ~ .... P Y. ~e pro~ or however, no~~g ~n 17 ~ . ~ act ~n~ o~er ~s~ m e s~te, re~b- ....... , ~&t~ by --7-- .~.. SB IT/0 ' ]) ' I ,d/stricts for those _costs shall be made pursuant to Part 7 -- 3 {commenoing with Section 17500) of Division 4 of Title 9. o.f th_e Covernment Code. If the statewide cost of the 54 Acl~na~n~,~f°f~,re~b~u~ m.ent, does not exceed on. million 7~""t'_° ~",'~a~,~l, re~rnUursement shall be mm4,~ ~.,,,,, 6 me ~tate Mandates Claims Fund. -- ?~e,~...,_ _u~_~e~ o,,m, erwise specified in this act, the -ro- 109 ~_~a~__a.c; s. ,r~Ul uec~me, operative on the sara~c~te that 0 9'{ 170 BOARD OF SUPERVISORS SUPERVISORS SUE LASITER Clerk of Board of Supervlsom Administration and Courts Building ROY ASHBURN District No. 1 1415 Truxtun Avenue, Room 600 BEN. AUSTIN District No. 2 ' I Bakemfleld, California 93301 PAULINE LARWOOD District No. 3 Telephone (805)861-2167 KARL F. HEI'rlNGER District No. 4 MARY K. SHELL DIItrlct No. 5 Mayor Clarence Medders and City Council Members ~:~ i,.~,.~ City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 r~l. :~i!il: ,;~ Dear Mayor, City Council Members: The Kern County Board of Supervisors requests that the City of Bakersfield oppose SB 1770 by Senator McCorquodale (San Jose). We would appreciate formal a~tion by the City of Bakersfield in opposition to SB 1770. The Board believes the Unified San Joaquin Valley Air Basin Authority is the best vehicle available to achieve cleaner air. Kern County recently approved a joint powers agreement with the counties of Fresno, Kings, Madera, Merced, San Joaquln, Stanislaus and Tulare which forms the Unified San Joaquln Valley Air Basin Authority. The Authority will be governed by an eight member board, consisting of one supervisor from each county. The board will be advised by a twenty- four member Citizens Advisory Board, which will include city representation. The formation of the Authority will allow the preservation of local control while achieving a regional approach to air pollution attainment plan development, enforcement procedures, settlement schedules and rules in the Valley basin. The creation of a valley district as proposed in SB 1770 would add another layer of government with the potential of resulting in more costs, delays and public inconvenience. SB 1770 would shift the authority for fee setting to a regional, indirectly elected body and would probably result in an organization operated out of Fresno. The bill calls for reassignment of local air pollution control district staff to the new agency. The advantage of .having decisions made by locally elected offidals is that they would be more responsive to the clean air demands of Kern County residents than an appointed board headquartered in Fresno. Another layer of bureaucracy will only hinder efficient process toward cleaner air. Kern County citizens must be directly involved in any clean air plan if we are to be successful in achieving cleaner air. Government and more bureaucracy will not get us clean air. Participation by our citizens working with elected officials has the most chance for success. Mayor and City Council Members February 23, 1990 Page 2 Our Kern County Air Pollution Control Officer, Bill Roddy, is available to make a presentation regarding this issue. If you so desire, you may contact him at 861-3682. Sincerely, Pau~{~~~~~ Kern County Board of Supervisors PL/ce/sb1770.ltr cc: City Manager Enclosures BILL ANALYSIS Bill No.: Senate Bill 1770 Author: McCorquodale, (D-San Jose) Existing Law: Existing law provides for the creation of county air pollution control districts in every county not included within specified, regional air pollution control districts or air quality management districts. Every air pollution control district and air quality management district is . required to adopt and enforce regulations to achieve and maintain the state ambient air quality standards for the area under its jurisdictions, to enforce applicable state law, and to endeavor to achieve and maintain federal ambient air quality standards. Proposed Law: This bill is similar to Senator McCorquodale's 1989 proposal contained in SB 1022. The proposal was amended out of SB 1022 before the bill was approved and chaptered. SB 1770 creates the San Joaquin Valley Air Quality Management District (valley distric0 which would be composed of all portions of the counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare. The valley district would conunence operations on an unspecified date and assume all of the authority, responsibilities, functions, and duties of the county air pollution control districts of those counties. A governing body, the San Joaquin Valley District Board (board), would exercise all the powers of the valley district. Thirteen members would be appointed to the Board, consisting of eight members appointed from each one of the affected counties' Board of Supervisors and five members appointed from each one of the following city councils, Bakersfield, Fresno, Modesto, Stockton, and Visalia. The 1989 version proposed nineteen members, which included the previously mentioned members, a Governor appointee, a Senate Rules Committee appointee, a Speaker of the Assembly appointee and three additional city appointees. The bill provides for the board to develop and adopt air quality attainment and maintenance plans to comply with applicable federal and state law and to adopt rules and regulations to carry out the plans. The rules and regulations of the county districts will remain in effect and be enforced by the valley district until they are rescinded by the board. The bill provides for the valley district to adopt a schedule of fees levied on permitted and other sources of air pollution to recover its costs of implementation. Two provisions of this bill, which were not included in the 1989 proposal, provide for the valley district to incur indebtedness and adopt a surcharge on motor vehicle registration fees. The surcharge, not to exceed four dollars ($4), applies to motor vehicle registration fees applicable to all motor vehicles registered in the counties within the valley district and will be used for programs aimed at reducing the emissions from motor vehicles. Recommendation: Oppose. Discussion: At this rime, there is no need for the proposed valley district. The eight counties mentioned in this bill have recently formed an authority to strengthen the regional approach toward ak pollution control in the San Joaquin Valley. In 1971, the San Joaquin Valley Basinwide Ak Pollution Conlzol Council (BCC) was formed and has met at least quarterly for nineteen years to review, revise and approve plans and rules for air pollution control as required. Rules approved by the BCC have been forwarded to each of the eight valley counties for individual Air Pollution Control Board adoption, however, there has been no mechanism in place to require uniform rules. Recently, the BCC developed a joint powers agreement which forms the Unified San Joaquin Valley Air Basin Authority. The joint powers agreement applies to the eight San Joaquin Valley counties but excludes the desert portion of Kern County. The Authority will adopt all rules for the basin which will be binding on county members to the extent allowed by law, submit attainment plans, develop valley wide enforcement procedures and' permit processing guidelines, and establish uniform settlement schedules. The authority will also comment on all environmental impact reports with regional impacts. The Authority will be governed by an eight member board, consisting of one supervisor from each county. The board will be advised by a twenty-four member Citizens Advisory Board, consisting of representatives from cities, industrial, agricultural and environmental interest groups. Additionally, local districts in the valley have voluntarily joined together to develop the most comprehensive, up-to-date ambient dispersion modeling effort initiated anywhere in the world to date, the San Joaquin Valley Air Quality Study. Kern County's Air Pollution Control Board has taken the lead in coordinating and developing this study, which encompasses the entire San Joaquin Valley. Local industry and local districts have joined together (without legal mandate) to fund and develop this study. The results will enable the development of reasonable and effective control strategies for the entire valley ak basin. Local control of ak pollution control programs, combined with a regional approach to planning and research, provides the most effective, efficient and responsive regulation of ak pollution. Local air pollution control boards are sensitive and responsive to the public health needs and wants of their constituents. Local officials have immediate access to the information and experts needed .to solve very specialized local problems. Solutions to specialized local ak pollution problems are most quickly formulated and solved by local boards. This benefit to the population should be preserved by protecting local control. With the formation of the Authority, local control will be preserved while achieving a regional approach to air pollution attainment plan development, enforcement procedures, settlement schedules and rules, to the extent allowed by law, in the Valley basin. In summary, the Authority allows for regional planning of ak pollution control regulations for the Valley basin. It properly strengthens the control of ak pollution on a regional basis, but also preserves local fee setting authority, local hearings on ak quality regulations and local control of air quality staff. Conversely, the proposed creation of a valley district would shift fee setting 2 authority to a regional, indirectly elected body and could possibly result in an organization operated out of Fresno and the reassignment of local air pollution control district staff to the new agency. This proposed addition of another layer of govenunent would most likely result in more costs, delays and public inconvenience. Fiscal Impact: Currently, funding of air pollution control programs is a local matter. However, this bill provides for r_he proposed valley district to establish a schedule of fees to cover the costs of implementation and operation. It is anticipated the valley district will cost significantly more based on comparable budgets in other areas of the state. In addition, areas with high concentration of indusuial sources, but relatively small populations could be required to provide a disproportionate share of the total fees. Status: In Senate Committee on Local Government. JOINT POWERS AGREEMENT FOR A UNIFIED SAN JOAQUIN VALLEY AIR BASIN AUTHORITY THIS AGREEMENT, which shall be effective upon the ~ day of -3'0 n ~,-u ,199__.0 between and among the Air Pollution Control Districts of Fresno, Ken~, Kings, Madcra~ Merced, San Joaquin, Stanislaus and Tulare Counties (hereafter collectively referred to as "Districts"), all parties being political subdivisions of the State of California, hereby enter into this agreement; WITNESSET__H: WHEREAS, in January, 1971 the San $oaquin Valley Basinwide Air Pollution Control Council was formed pursuant to former Chapter 7 (commencing with section 39270) of Part l, Division 26 of the Health and Safety Code which required that, where there was not a single district with boundaries coterminous with those of an air basin, local ~'uthorities must establish a basinwide air pollution control coordinating council; and WHEREAS, those statutes were repealed in 1975 and replaced by Health and Safety Code section 40900 which continued in existence a basinwide air pollution control council consisting of one member from each district board included within the ai~' basin; and WHEREAS, with the passage of the 1988 California Clean Air Act, and the recognition that ozone and PM-10 are basinwide air pollution problems, there is an urgent need to provide for a more effective and regional program to control air pollution in the San Joaquin Valley; and WHEREAS, the Districts have a compelling and mutual interest in developing and coordinating effective air pollution control strategies for the entire San Joaquin Valley air basin; and WHEREAS, the Districts are authorized by California Health and Safety Code section 40150 et seq. and Government Code section 6500 et seq. to jointly exercise their common powers to regulate air pollution sources in the San Joaquin Valley through the use of uniform rules and enforcement practices; and WHEREAS, the Districts desire to establish a regional regulatory authority with the ability to develop regional attainment plans, common planning criteria a,nd uniform permitting and enforcement procedures; 1 NOW, THEREFORE, the District for and in consideration of the mutual promises and agreements herein stated and the performance thereof, and for other valuable and adequate consideration, do hereby promise and agree for and on behalf of themselves and their successors in interest as follows: 1. PURPOSE. The purpose of this Agreement is to enable the Districts to provide for a more effective regional air pollution program in the San $oaquin Valley through the establishment of a regional regulatory authority with the ability to develop regional attainment plans, common planning criteria and uniform permitting and enforcement procedures for all the Air Pollution Control Districts within the air basin. 2. FORMATION. Upon the effective date of this Agreement, there is hereby established the Unified San Joaquin Valley Air Basin Authority (hereafter the "Authority") pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 of the California Government Code commencing with section 6500 (hereafter the "Act"). 3. GOVERNING BOARD. A. Membership of Governing Board. The governing Board of the Authority shall consist of eight (8) members and shall be comprised of one (1) member of the Air Pollution Control Board of each of the Districts. Each member shall be appointed by their respective Air Pollution Control Board and shall serve at the pleasure of the appointing Board. Termination of a member's status as an Air Pollution Control Board member shall constitute automatic termination of that person's membership on the Authority. The appointing Board may appoint a new member or alternate immediately upon the occurring of any vacancy in that party's representation. The Board of each party shall appoint an alternate member to the Authority. During the absence of a regular member from any meeting of the Authority that member's alternate shall be entitled to participate in all respects as a regular member of the Authority. B. Meetings. The governing Board shall hold at least one (1) regular meeting each calendar quarter. All meetings shall be scheduled and conducted pursuant to the provisions of the Ralph M. Brown Act (Gov. Code section 54950 et seq.). A minimum of five (5) members shall constitute a quorum for the transaction of business, and the affirmative vote of at least five (5) members shall be required for the approval of any action taken by the governing Board. The secretary of the Authority shall keep minutes of all meetings of the governing Board and shall, as soon as possible after each meeting, forward a copy of the minutes to each member of the governing Board. An approved copy of the minutes shall also be sent to the California Air Resources Board. C. Officers. The governing Board shall select a chairman, vice- chairman and any other necessary officers as determined by the Board. The treasurer of the Authority shall be the person who shall from time to time, be acting as the treasurer for the County of ~ K,,',.z~,~ The chairman shall preside at ali Authority meetings and shall appoint the membership to any committees as needed. The vice-chairman shall act in the place of the chairman at meetings should the chairman be absent. All officers shall serve for a term of one (1) year and shall assume their offices at the first meeting of each calendar year. Officers or persons who have charge of or who handle or have access to any property of the Authority shall file an official bond in the amount fixed by law. The Authority shall have the power to appoint such other officers as may be deemed necessary. 4. POWERS OF THE AUTHORITY. The Authority shall have and shall exercise powers common to the Districts and shall develop and coordinate regional air pollution control strategies and procedures as follows: A. Develop regional attainment plans, common planning criteria and unifort~n~ permitting and enforcement procedures; B. Employ agents, consultants, advisors, independent contractors and employees, including but not limited to an administrative officer as the chief administrator of the Authority and a secretary, and contract for professional services. The administrative officer, secretary and other persons engaged shall receive compensation as may be determined and approved annually by the Authority; C. Make and enter into contracts; D. Acquire, hold and convey real and personal property; E. Incur debts, obligations and liabilities; F. Accept contributions, grants, or loans from any public or private agency or individual, or the United States or any department, instrumentality', or agency thereof, for the purpose of financing its activities; G. Invest money that is not needed for immediate necessities, as the governing Board determines advisable, in the same manner and upon the same conditions as other local entities in accordance with section 53601 of the Government Code; H. Reimburse Authority members the actual amounts of their reasonable and necessary expenses incurred in attending the meetings of the Authority of any committee of the Authority and in performing the duties of their office; 3 I. Sue and be sued; and I. Do all other acts reasonable and necessary to carry out the purpose of this Agreement. Such powers shall be exercised in the manner provided by the Act, and except as expressly set forth herein, subject only to the restriction upon the manner of exercising said powers as is imposed upon or effected upon the Districts in the exercise of similar powers. Notwithstanding the generality of the foregoing, the Authority shall have no power to bind any of the Districts to any monetary obligation whatsoever by this Agreement other than expressly authorized by the mutual written consent of the Districts. The Authority shall be strictly accountable for all funds received, held and disbursed by it. 5. ADMINISTRATIVE OFFICER. The administrative officer shall be selected by, and shall serve at the pleasure of and upon the terms prescn'bed by the Authority, and shall perform such duties as the Authority shall require in carrying out the policies and directives of the governing Board. 6. DUTIES AND RESPONSIBILITIES OF THE AUTHORITY. A. Rules. The Authority, shall develop and adopt rules and regulations for the entire San Joaquin Valley air basin that shall be binding on the members to this Agreement as authorized by law. B. Enforcement. The Authority shall develop uniform enforcement procedures including, but not limited to, a uniform schedule of settlement fees. The Authority shall also develop audit and review procedures to assist in ensuring compliance by each of the Districts with the established enforcement procedures. C. Planning. The Authority shall develop and adopt all air quality plans required by Federal and State law for the air basin. D. Permittinff. Processing of authorities to construct and permits to operate shall be based on uniform permit processing guidelines, which shall be developed and maintained by the Authority. E. Environmental Impact Reports. Projects proposed in the San Joaquin Valley with regional impacts shall be forwarded to the Authority for comments. The Authofity's comments shall be forwarded to the appropriate planning agencies and Boards of Supervisors. 4 F. The Authority shall also perform various other functions and duties including, but not limited to, the following: (1) Review, revise and approve implementation plans for air pollution control as required; (2) Review, approve or comment on subvention applications as required; and (3) Review local, state and federal legislation, programs, etc., and provide comments as matters dictate. 7. FINANCING. A. Funds shall be derived and supplied by each Control District through state subvention funds, federal grants, or other available sources. 'The Authority shall also apply for available state or federal funds and shall make new and additional applications from time to time as appropriate. The Authority may also establish and collect various fees for services provided by it. B. Each District shall be assessed an annual charge for the operation of the Authority at the rate of seven (7) cents per capita for all persons residing within their respective, district. Said charge shall not apply to those persons not residing within the San $oaquin Valley air basin. The population figures used to calculate said charge shall be the same as that used by the state Air Resources Board for their subvention program. C. Each District shall pay the above-stated charge on or before September 30, 1990 and on or before September 30th every year thereafter. The maximum reserves which may be accumulated by the Authority shall not exceed one (1) cent per capita. D. If the funds collected from the annual charge specified in subparagraph B above are not sufficient to cover the expenses and obligations of the Authority, a supplemental charge may be assessed each member to cover such expenses, provided such charge is unanimously approved by all Authority members. In addition, the amount of the annual charge assessed each District may be changed upon unanimous approval of all Authority members. E. All expenditures of Authority funds, from whatever source received, shall be approved by the governing Board. F. Should any judgment be recovered against the Authority for injury caused by negligence or wrongful act or omission occurring in the performance of this Joint Powers Agreement, said judgment shall be apportioned by the parties to this Agreement on a pro rata basis as indicated in paragraph ?.B. 8. TECHNICAL ADVISORY COMMITTEE (TAC). A. Membership and Duties. The TAC members shall be the Ak Pollution Control Officer from each District or his designated representative, and any other representatives from various agencies as approved by the governing Board. The members shall serve at the direction of the Authority. B. Officers and Duties. (1) Chairman: The chairman shall preside at aH TAC meetings and appoint members to subcommittees as needed. (2) Recorder: The recorder shall act in the place of the chainfian at meetings should the chairman be absent. He shall also keep a record of the proceedings. C. Term in Office. All TAC members shall serve at the pleasure of their respective Districts. All officers shall be elected to serve for a term of one (1) year. The incoming officers shall assume office at the first meeting of each calendar year. D. Meetings. Regular meetings shall be held bimonthly (six (6) per year). Special meetings shall be held as necessary to fulfill the directives of the Authority. E. Expenses. All expenses incurred by the TAC or any other committee members may be presented to the Authority for approval and payment. 9. C1TIZENS ADVISORY BOARD (CAB). A. Membership. There shall be twenty-four (24) CAB members which shall be appointed as follows: (1) A city selection committee representing the incorporated cities within each District shall select one (1) member from within their District. 6 (2) The Air Pollution Control Boards from each of thc Districts' shall select two (2) members, with one such member representing industry or agriculture and the other representing environmental interest groups. B. Term and Duties. The initial member selected by each city selection committee shall serve for a term of one (1) year. The initial two (2) members selected by each District Board shall serve for terms of two (2) and three (3) years respectively. All subsequent appointments shall be for a term of three (3) years. The CAB shall meet no less than semi-annually for the purpose of facilitating public input relating to the actions and decisions of the Authority, and to assist the Authority in effectuating the purposes of this Agreement. Ail CAB members shall be notified of all rule workshops within their respective districts. 10. BOND R£QUIREMENT~. The administrative officer and such other employees of the Authority as may be designated by the governing Board, shall file with the Authority an official fidelity bond in a penal sum determined by the Authority as security for the safekeeping of Authority property entrusted to such employee. Premi.u. ms charged for such bonds shall be paid by the Authority. 11. LIMITATION ON FISCAL OBLIGATIONS AND PARTIES' LIABILITY. Notwithstanding the general powers of the Authority set forth in paragraph 4 of this Agreement, the Authority shall not incur any financial or contractual obligations unless it has already obtained sufficient funds or a binding commitment for funds to pay for the full cost of said obligations. The Authority shall specify in all contracts for purchase of goods and services that respons~ility for payment is that of the Authority and not of any of the parties to this Agreement. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the parties to this Agreement or of any of them. 12. SUCCESSORS. This Agreement shall be binding upon and shall enure to the benefit of the successors of the parties. 13. WITHDRAWAL OF A PARTY. A party may, at any time, withdraw from this Agreement following ninety (90) days notice to the Authority and all of the members thereof, by resolution of intent to withdraw adopted by the Air Pollution Control Board of the withdrawing party. Upon the effective date of such withdrawal, such member shall cease to be bound by this ~Agreement, including any provision relating to the furnishing of anything or payment of any funds to or on behalf of the Authority, excepting obligations theretofore incurred. Authority assets representing any accumulated capital contribution of the withdrawing party shall remain subject to Authority control, depreciation and. use without compensation to the withdrawing party until termination of this Agreement and the distribution of Auttmrity assets. 14. TERMINATION AND DISSOLUTION. This Agreement shall remain in force and effect without specific term until such time as a majority of the members shall agree upon the termination thereof. If this Agreement is terminated, all real and personal property owned by the Authority shall be distributed to the federal, state or local funding agency or party to this Agreement that supplied the property or whose funding provided for the acquisition of the property. Should the origin of any real or personal property be undeterminable, that property shall be disbursed to the parties to this Agreement in the same proportion as contn'butions were made by the parties in support of the Authority. This Agreement shall not terminate until all property has been distn'buted in accordance with this provision. 15. RETURN OF SURPLUS FUNDS. Upon termination of this Agreement any surplus money on hand shall be returned to the federal, state or local agency or the party to this Agreement that provided the funds. 16. ADDITIONAL MEMBERS. Any public agency which has a common power as set forth in this Agreement, may join the Authority by executing this Agreement and agreeing to abide by the terms thereof, provided, the governing Board, by a two-thirds (2/3) vote, consents to the new public agency joining the Authority. The governing Board shall prescribe the amount of money that shall be deposited by the new public agency as a prerequisite to its becoming a member. The membership of the Authority and the requirements of a quorum shall be deemed amended upon the effective date of such new membership. 17. AMENDMENTS. This Agreement may be amended by a written amendment unanimously approved by the governing Board. 18. SEVERABILITY. Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the Agreement which the parties intended to enter into in the first instance. 19. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument. 20. INDEMNIFICATION. The Authority shall indemnify, defend, and save harmless the Districts and Counties, their officers, agents and employees, from and against any and all claims and losses whatsoever occurring or resulting to persons, tirms or corporations furnishing or supplying work, services, materials or supplies to the 8 Authority in connection with the performance of this Agreement, and, except as expressly provided by law, from any and all claims and losses accruing or resulting to any person, firm or corporation, for damage, injury or death arising out of or connected with the Authority's performance of its obligations under this Agreement. 21. iNSURANCE. Prior to employing personnel, and before acquiring or utilizing equipment or property under this Agreement, the Authority shall obtain at its sole cost and expense, at least the following insurance policies which shall be kept in full force during the entire period of this Agreement: A. Comprehensive General Liability insurance on an occurrence policy form in an amount of not less than one million dollars ($1,000,000). B. Automobile Liability insurance for owned and nonowned vehicles in an amount not less than one million dollars ($1,000,000). C. Workers' Compensation insurance in accordance with the California Labor Code. Said insurance coverage shall be obtained from commercial insurance carriers and shall provide coverage for all officers, employees and agents of the Authority. In addition, the parties hereto shall be named as additional insureds, and said insurance shall be primary. Premiums shall be paid from Authority funds. Said coverage shall provide for thirty (30) day notices prior to the effective date of cancellation, and the Authority shall notify all parties promptly upon receipt of such notice. Further, the Authority shall, except when contracting with a governmental entity, require these policies in all its contracts for work or services and shall specify that the Authority and its respective Districts be named as additional insureds. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof. This Agreement shall be effective as of the date and year first written above. ATTEST: FRESNO COUNTY AIR POLLUTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By By. Chairman, A/r Pollution Control Board "Fresno" 9 A'l'i'{:~l': KERN COUNTY AIR POLLUTION CONTROL Secretary to the Air _DISTRICT , /.~ ~<.. Chairman, ,a~r'?ollution Control Board ~li 3 I} l~gl "Kern" ATTEST: KINGS COUNTY AIR POLLUTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By By " Chairman, Air Pollution Control Board "Kings" ATTEST: MAE)ERA COUNTY AIR POLLUTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By. By Chairman, Air Pollution Control Board "Madera" AFl'EST: MERCED COUNTY AIR PO{.I LITION CONTROL Secretary to the Air DISTRICT Pollution Control Board By By Chairman, Air Pollution Control Board "Merced" 10 ATTEST: SAN $OAQUIN COUNTY AIR POt I.UTION i Secretary to the Air CONTROL DISTRIC'r Pollution Control Board By, By Chairman, Air Pollution Control Board "San Joaquin" ATIEST: STANISLAUS COUNTY AIR PO!.I-UTION Secretary to the Air CONTROL DISTRICW Pollution Control Board By ~' By Chairman, Air Pollution Control Board "$tanislaus" ATTEST: TULARE COUNTY AIR POtI.UTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By By Chairman, Air Pollution Control Board "I'ulare" llob24~r 11 GEARY TAYLOR' SCOTT JONES COUNTY ADMINISTRATIVE OFFICER Director of Budget & Finance ~--~OEL HEINRICHS . 'Assistant County Administrative Officer '' ~' I L ~,r~ctor of Policy Analysis Relations ~ ~.. · . Employee Relations Officer ,,, CI~ MANA~S OFHCE COUNTY ADMINISTRATIVE OFFICE ~ M~ch 12, 1990 John Stinson, Assistant to the City Manager City of Bakersfield 1501 Tmxttm Avenue Bakersfield, CA 93301 Dear John: Enclosed you will find the information you requested at the Intergovernmental Relations meeting regarding Senator McCorquodale's proposed San Joaquin Valley Air Quality Management District (SB1770). Also enclosed is a copy of AB 4242 (W. Brown) regarding regional government. If you have any questions or need additional information, please give me a call. Sincerely, Elissa Stone Deputy CAO ES:dr~irmsjvaq.js cc: Joel Hein_richs enclosures 1415 Truxtun Avenue, Room #704 BAKERSFIELD, CALIFORNIA 93301 (805) 861-2371 GEARY TAYLOR sco~ JONES COUNTY ADMINISTRATIVE OFFICER Director of Budget & Finance MARY WEDDELL JOEL HEINRICHS Assistant County Admimstrauve Officer Director of Poiicy Analysis & Intergovernmental Relahons ROBERT SEVERS Employee ReJaI~ons Officer COUNTY ADMINISTRATIVE OFFICE February 13, 1990 Board of Supervisors County of Kern Kern County Civic Center Bakersfield, CaLifornia LEGISLATIVE MATI'ER Attached for the Board's review and adoption of a position is a bill analysis of SB 1770 (McCorquodale) proposing the creation of a valley wide air quality management district. This bill is similar to Senator McCorquodale's 1989 proposal contained in SB 1022, which the Board opposed. It is recommended the Board adopt an oppose position on SB 1770. Also attached is a draft letter to the cities within Kern County conveying the Board's position on SB 1770 for the Chairman's signature. IT IS RECOMMENDED the Board adopt an oppose position on SB 1770 and authorize the chairman to sign letters to Kern County cities and notify appropriate legislators of the Board's position. Sincerely, GT/ES/ce/sb1770.ba Attackments cc: Air Pollution Control District Resource Management Agency 1415 Truxtun Avenue, Room #704 BAKERSFIELD, CALIFORNIA 93301 (805) 861 237I BILL ANALYSIS Bill No.: Senate Bill 1770 Author: McCorquodale, (D-San Jose) Existing Law: Existing law provides for the creation of county air pollution control districts in every county not included within specified, regional air pollution control districts or air quality management districts. Every air pollution control district and air quality management district is required to adopt and enforce regulations to achieve and maintain the state ambient air quality standards for the area under its jurisdictions, to enforce applicable state law, and to endeavor to achieve and maintain federal ambient air quality standards. Proposed Law: This bill is similar to Senator McCorquodale's 1989 proposal contained in SB 1022. The proposal was amended out of SB 1022 before the bill was approved and chaptered. SB 1770 creates the San Joaquln Valley Air Quality Management District (valley district) which would be composed of all portions of the counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare. The valley district would commence operations on an unspecified date and assume all of the authority, responsibilities, functions, and duties of the county air pollution control districts of those counties. A governing body, the San Joaquin Valley District Board (board), would exercise all the powers of the valley district. Thirteen members would be appointed to the Board, consisting of eight members appointed from each one of the affected counties' Board of Supervisors and five members, appointed from each one of the following city councils, Bakersfield, Fresno, Modesto, Stockton, and Visalia. The 1989 version proposed nineteen members, which included the previously mentioned members, a Governor appointee, a Senate Rules Committee appointee, a Speaker of the Assembly appointee and three additional city appointees. The bill provides for the board to develop and adopt air quality attainment and maintenance plans to comply with applicable federal and state law and to adopt niles and regulations to carry out the plans. The rules and regulations of the county districts will remain in effect and be enforced by the valley district until they are rescinded by the board. The bill provides for the valley district to adopt a schedule of fees levied on permitted and other sources of air pollution to recover its costs of implementation. Two provisions of this bill, which were not included in the 1989 proposal, provide for the valley district to incur indebtedness and adopt a surcharge on motor vehicle registration fees. The surcharge, not to exceed four dollars ($4), applies to motor vehicle registration fees applicable to all motor vehicles registered in the counties within the valley district and will be used for programs aimed at reducing the emissions from motor vehicles. Recommendation: Oppose. Discussion'.. At this time, there is no need for the proposed valley district. The eight counties mentioned in this bill have recently formed an authority to strengthen the regional approach toward air pollution control in the San Joaquin Valley. In 1971, the San Joaquin Valley Basinwide Air Pollution Control Council (BCC) was formed and has met at least quarterly for nineteen years to review, revise and approve plans and rules for air pollution control as required. Rules approved by the BCC have been forwarded to each of the eight valley counties for individual Air Pollution Control Board adoption, however, there has been no mechanism in place to require uniform rules. Recently, the BCC developed a joint powers agreement which forms the Unified San Joaquin Valley Air Basin Authority. The joint powers agreement applies to the eight San Joaquin Valley counties but excludes the desert portion of Kern County. The Authority will adopt all rules for the basin which will be binding on county members to the extent allowed by law, submit attainment plans, develop valley wide enforcement procedures and permit processing guidelines, and establish uniform settlement schedules. The authority will also comment on all environmental impact reports with regional impacts. The Authority will be governed by an eight member board, consisting of one supervisor from each county. The board will be advised by a twenty-four member Citizens Advisory Board, consisting of representatives from cities, industrial, agricultural and environmental interest groups. Additionally, local districts in the valley have voluntarily joined together to develop the most comprehensive, up-to-date ambient dispersion modeling effort initiated anywhere in the world to date, the San Joaquin Valley Air Quality Study. Kern County's Air Pollution Control Board has taken the lead in coordinating and developing this study, which encompasses the entire San Joaquin Valley. Local industry and local districts have joined together (without legal mandate) to fund and develop this study. The results will enable the development of reasonable and effective control strategies for the entire valley air basin. Local control of air pollution control programs, combined with a regional approach to planning and research, provides the most effective, efficient and responsive regulation of air pollution. Local air pollution control boards are sensitive and responsive to the public health needs and wants of their constituents.' Local officials have immediate access to the information and experts needed to solve very specially, ed local problems. Solutions to specialized local air pollution problems are most quickly formulated and solved by local boards. This benefit to the population should be preserved by protecting local control. With the formation of the Authority, local control will be preserved while achieving a regional approach to air pollution attainment plan development, enforcement procedures, settlement schedules and rules, to the extent allowed by law, in the Valley basin. In stunmary, the Authority allows for regional planning of air pollution control regulations for the Valley basin. It properly strengthens the control of air pollution on a regional basis, but also preserves local fee setting authority, local hearings on air quality regulations and local control of air quality staff. Conversely, the proposed creation of a valley district would shift fee setting authority to a regional, indirectly elected body and could possibly result in an orgarri2ation operated out of Fresno and the reassignment of local air pollution control district staff to the new agency. This proposed addition of another layer of government would most likely result in more costs, delaYs and public inconvenience. ~ Currently, funding of air pollution control programs is a local matter. However, this bill provides for the proposed valley district to establish a schedule of fees to cover the costs of implementation and operation. It is anticipated the valley district will cost significantly more based on comparable budgets in other areas of the state. In addition, areas with high concentration of industrial sources, but 'relatively small populations could be required to provide a disproportionate share of the total fees. Status: In Senate Committee on Local Government. SENATE Br~. . No. 1770 latroduo~d by Senator MoCorquodale .[au,,,--y 11. 1990 An act to amend Section 40002 o~, to add Sectiom 3,9058.3 and 39058.5 to, and to add Chapmr 11 (commencing with Section 41100) to Part 3 of Division 26 of, the Health and Safety Code, relating to air pollution. ~TII'E CO~J DIGIi3T SB 1770, as introduced, McCorquod-le. Air pollution: San loaq,,in Valley. (1) Existing law provides for the creation of county air pollution control districts in every county not included within specified other air pollution control districts or air quality m~,~-gement districts. Every air pollution control district and air quality rn---gement district i~ required to adopt and enforce reg,,l~tions to achieve and rnmiv~irl the state ambient air quality s~rl-,~ts ~or the area under its jurisdiction, to enforce applicable state law, and to endeavor to achieve and mmir~tmir~ federal ambient air quality stand~ds. This bill would create the San Ioaq,,i,, Valley Air Quality Management District to include all of the Counties of Fresno, Kern, Iiings, Madera, Merced, San loaq,,in~ Stanislaus, and T,,lz?e. The district woul,d, assume, the functions of the county air pollution control d,,tricts m those couuties on an unspecified date. The bill would provide for a district board with members appointed as specified. The bill would specify the duties and functions of the district with respect to the adoption of rules and regulations for the control of air pollution and would require the adoption Of air q-silty attminmellt and mmir~termnce plans. The bill would permit the district to adopt a schedule of fees levied on sources o£ air pollution subject to diztrict reg,,l-tion to recover its costs of implementing the bill. SB 1770 --. f--, "', ay dut the db . agen. cl..es m matte appoinm~_en~ to the district board, the bill woma ~mpose a state-mandated local program. (2) The Cal~rnia Constitution requires the state to reimburse local agencies and school dhtricts ~or certain costs mandated by the state. Statutory provisions establish procedures ~or making that reimbursement, including the creation oi: a State Mandates (~im~ Fund to pa), the costs of mandates which do not exceed $1,000,(~J0 statewide and other procedures ~'or claims whose statewide costs exceed $1,0G0, 0. T~i.q bffi would provide that ~or certain costs no reimbursement is required by thi~q act ~or a specified reason. However, the bill would provide that, i~ the Commit'on on State Mandates deterr~ines that ~hi~q bill containq other costs mandated by the state, reimbursement ~or those costs ~qh~i! be made pursuant to those statutory procedures and, if' the statewide cost does not exceed $1,000,0(X), shall be m~de ~rom the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local pro,l-Am: yes. The people o£ the State o£ Cali~n~ do enact as fo/lowm ! SECT[ON L Section 39058.3 is added to the Health 2 and Sm~ety Code, to rea& 3 39058.3. '~=iley district" means the San 4 VaLley ALF (~ty Manasement DistF~ct created $ puzs%tant to (~hapter 11 (commencinS with Section $ 41100) o£ Part 3. ? SPC. 2. Section 39058.5 Ls added to the Health ;.nd 8 Sa~e~/Code, to rea& bo d" eans the body o£ the v~iley d]str~ct. !! SEC. 3. Section 40002 of the Health and $~ety Code 12 is amended to resd: 13 4000~ There is continued in existence and ~qhAll 14 every county, a county d]st~ct, nnless ~ne enUze count/ 15 is included withl, the bay district~ the south coast district, 16 the v~/ey d/sm'ct, a regional district, or a unified di-~trict. l.re,~iOn-! district, or I uz]~ed (~Lltrict, I:~eTe o ~ ~ .~ not ~ud~ ~ht~ ~v ~W ~c~ ....... g- lO C~ 11. S~ ]OA~ V~,.~.~ ~ Qu~ 11 ~AG~ D~~ 13 ~e 1. ~ne~ ~o~om 14 15 411~. ~e ~~~e ~n~ ~d d~l~es ~ ~ows: 16 (~) ~e S~/~-in V~ey ~ ~ met~rolo~c~ 17 w~ch ~ ~u~on ~ ~~ ~o. co~ ~.. 18 (b) ~e v~ey ~ ~do~ ~ ~u~on problems. ) na o. ·e fox.on ~ a v~e~ o~ ~ ~u~. Il (c) ~ r~ent ~e~ ~e v~ey ~ e~denc~ a ~ ~~c ~e~ ~ ~p~o~ motor re.cie miles ~ ~avel~ ~d ~e n~r o~ ~go~ ~c~. ) ~ w~ch lead to ~~ ~ ~u~on. ~ he~ ~d were o~ ~e repons ci~e~ ~ adversel~ ~p~s a~c~e. ~e re.oh's ~jor ~ (e) ~d~ ~ ~c~ Mve Md limited ~ mcce. ~ r~u~ ~ ~u~on ~ ~e v~ey. ~e ~ a 31 ne~ for a b~de appro~h to ~e ~ ~u~on M~sement D~ct ~ hereby ~ct ~ co~ o~ ~e ~. o{ Fr~o. Kern. ~s. Mader~ ~ Merc~ S~ Joaq~ S~~. ~d T~e. ~e v~ey 3T ~ct s~ ~mm~n~ o~o~ on ~ ~d on ~ ~t ~te s~ ~e ~ o~e au~od~, re~n~bffi~es. 39 ~c~o~. ~d du~ ~ ~e ~ ~ ~u~on consol ~ ~c~ o~ ~o~ ~~ w~ s~ 9~ 110 SB ITrO --4-- lovemini body ~ ~e v~ ~ ~ ~ ~~ ~ ~e ~we~ ~ ~e v~ ~~ 411~. (a) ~ m~ ~ ~e ~ey ~ct ~ v~ey ~ct ,h,ll by ~ofiW vote ap~t one ~' i~ 11 (~) ~e ~ ~~ o~ ~ o~ ~e O~es o~ B~e~el~ 1~ vote ap~t one ~ i~ m~n to ~e ~ a mem~r o~ 14 ~e v~ey ~ct ~ 15 411~. ~ m~ ap~~ by a ~W ~h*ll hold 16 o~ ~r a te~ o~ ~ Fern ~d ~ ~e ap~ent 17 of a mc~r, ~d ~ mem~r ap~t~ by a ~W 18 hold o~ ~r a te~ of ~o ye~ ~d ~ ~e 19 ap~~ent o~ a m~r.. ~ 411~. (a) ~y v~ ~ ~e v~ey ~ct ~,d ~,il ~ ~ by ap~~ent ~ ~e ~e m~nner ~ ~e v~a~ m~r w~ ap~t~ ~y mem~r o~ ~e ~ v~ey ~ct ~d m~y ~ r~ov~ at ~y Hme ~ ~e ~ ~e ~er ~ he or ~ w~ ap~t~ ~ (b) A v~ on ~e ~ ~ct .~,d ~ ~ autom~y ~t~ when a v~ey ~ct ~d ~ mem~r no l°~er ~m on ~e gove~ng ~y o~ ~e ~ ap~g ~wer. ~e ap~g ~y s~ ap~t one. ~ o~ i~ mem~, to ~ ~e ~e~ te~. ~ 411~. A m*jo~W ~e mem~ o~e v~ey ~ct 32 ~d ~y act ~r ~e v~ey ~ct ~d. 411~. ~e ~ey ~ ~d sb*i~ el~t a ~~rmn eve~ ~o ye~ ~om i~ mem~p. No ~ mem~r ~,ll ~e more ~ ~o ~~ve te~ ~ 37 411~. ~e v~ey ~ct ~d ~y, by or~~, opt'a ~ ~~ ~em ~r ~y or ~ employes of ~e v~ey ~c~ ~pt ~t ~e ~ ~u~on ~n~ol o~r ~ ~h~ll ~ exempt ~om ~t ~em ~d ~ ~e at ~e '~ : . Article 2. Powers ' I , 4.1110. The rubes and reg-loiions of the ~,,..---- 1~ ' ' ' ' ..a~_,m__c~,_~sl?. rem~.., ua _~..t and be enf~re~ by the v~cy msmet until the individ,,.i rules and ' 1~~ mst~? anau, as soon as practt~le, review the rul~* 14 gulatiom ~or the valley district. IS _~11:11.; Th.~ valley district board _shall develop and 18 aaopt m~ prom neeesnry to comply with applicable / 18 Mm ~ection 40910). The valley district board shall adopt _) 19 rules and regulations that carry out the 4111i. (a) No provision of' this chapter limits the power o£ any city .or county included within the district ,.,~_-,.,u~ wmca ~s stricter man the rul~-,, ,,,.,,4 adopted by the valley .d~.trict board ~'~d'~t'~ -) ~ therewi..gm. _Thee valley district board shall enfi~rce any such ordinan,~. (b) At the request of the governing body of any city or 3~~ the n~,~-,-,,--~'~o~-a-v-.a~almle, .on a,temporary basis, in a~-~, l~ ,u~,.c~, eqmpm, en,, aha services to assist al ___,]~uug ,any.o, .ryp~.ce stricter than the rules and res, uons a~optecl o,y. the valley district. 41113. ,The .valley dis~__'c_t board shall have the general -) ~ P%Pw°.~e~%z~~ed in ~pter 6 (commencing _ . ). The valley district may adopt 33~7 regulations to limit or mitiaate the im-,a^, A_ .: ..... ,._ of indirect or areawide sources. ~ ~, v, ~r quaau/ 3~9 _41114.. Chapter6.$ (commencing with Section 41Y700), Chapter 7 (commencing with Section 40750), and ~ 40 Chapter 8 (commencing with Section 40800) apply to the ~ o 4111.$., ,Tee_ valley ~cl ~y ~eow m 7 C~ent ~' . -~-~yu ~ me revenue ~r ~e ~., ~ m w~ ~e mdeb~~ ~ ~~ or ~r me ~te ot ~e ~me ~t eJ~et ~ c~ent y~ or ~e ~g y~. 13 r . ~ [~uomerm=~of~ Uu ~v~ ~ ~ ~ . . ~ Uon to 14 ~-~ . =pl~~ ~ c~-t. ~-- -.. . e ~ u= ~ · lu momto ' P g, ~Uo~ ~d is ~to~.~[~e q~u~ m e~om =d ~ 19 ~e v~e ~ ~um on ~e ~bient ~ q~ ~ Y ~c~ .... . - ~), on .me motor re,cie [~FaU?~ ~ appa~le to ~ mo . · re~er~ m ~e ~~ ..~.~_ -. .. for ve~cles ve~cl~ ~ ~__ ~_, y.~c ~ep~ent of Motor · · ~'~ received by ~e vetches, at r~8 ~e e~o~ from motor . ~s~ mr w~ca ~e loc~ agency or school ~met ~ ~e au~o~ to le s f~s, or ~~-~ __~ . . ~ e~ce ch~es level of se~ce ~t~ b, ~Pa~-t[Or ~e pro~ or dete~ ~t ~ ~ ~on on S~te M~tes .. . act ~n~ o~er ~s~ ~t~ by me s~te, re~b~ent to 1~ agen~es ~d ~~en~g ~ ~fion 17~) ~ Di~on 4 ~ ~fle ~_ o~e ~ve~ment ~e. ~ ~e ~te~de co~ o~ ~e ~ ~.~~m~nt d~. not ~ on~ ~"~o. '~ (~,~), re~b~ment ~ ~ ~de ~om ~e 5~te M~t~ ~ F~d. _~ '~, ~ ~~e ~ed ~ ~ act, ~e pro.om 1~ ~ ~ act ~ D~me operaUve on ~e s~e ~te ~t ~e .~et. t~es effect p~m~t to ~e ~o~ 11 ~omH~Hon. 99 170 CA AB 4242 0~,/09/90 Page 1 ASSEMBLY BILL No. 4242 [ntroduced by Assembly Member Willie Brown March 2, 1990 An act to amend Section 65302 of, to add Title 6.5 (commencing with Section 62000) to, and to repeal and add Chapter 2 (commencing with Section 56325) of Part 2 of Division 3 of Title 5 of, the Government Code. to repeal Sections 40002 and 40003 of, to repeal and add Chapter 2 (commencing with Section 40100) of, and to repeal Chapter 3 (commencing with Section 40150), Chapter 4 (commencing with Section 40200), Chapter $ (commencing with Section 40300), Chapter 5.5 (commencing with Section 40400), and Chapter 9 (commencing with Section 40900) of, Part 3 of Division 26 of, the Health and Safety Code, and to repeal and add Article 1 (commencing with Section 13200) of, and to repeal Article 2 (commencing with Section 13220) of, Chapter 4 of Division 7 of the Water Code, relating to regional developmeat and infrastructure planning. LEGISLATIVE COUNSEL'S DIGEST AB ~242, as introduced, W. Brown. Regional government. Existing law establishes Within each county a local agency formation commission with specified powers over the organization.and reorganization of local agencies with the intent of discouraging urban sprawl and encouraging the orderly formation and development of local ~gencies. Existing law authorizes the establishment of councils of government through the exercise of joint powers agreements for various purposes. Existing law establishes air pollution control districts and regional water quality control boards with specified powers. This bill would establish 7 specified geographic regions encompassing the state and would establish a regional development and infrastructure agency in each region. The bill would provide that the agency succeeds to the powers, duties, and responsibilities of the above agencies, within ~ts region. By requiring the participation of cities, counties, and special districts in the regional agency, this bill wouJd impose a state-mandated local program. The bill would state the findings of the'Legislature that growth problems including traffic congestion, inadequate waste disposal and sewage capacity, lack of affordable housing, and deteriorating water and air quality, transcend existing local' government boundaries. The CA AB 4242 03/09/90 Page 2 bill would state the declaration of the Legislature of the need to reorganize local government to create a means for regional action on regional problems. This bill would specify the procedures for the appointment and .election of the agency board members and their terms, compensation, and power§. The bill would specify that the agency shall be the air quality control district for the region, the regional water quality control board and the regional transportation planning agency and that the board shall succeed to the powers and duties of the council of government, as specified, and to those of local agency formation commissions. This bill would require the agency to prepare, adopt, and maintain a regional general plan to contain correlated elements relating to air quality, water quality, transportation, housing, sphere of influence, and capital facilities, as specified. The bill would specify that the plans, ordinances, and regulations of local agencies shall be consistent with the regional plan and rules and regulations of the agency. The bil.l would impose a state-mandated local program by requiring that any application by a local agency for financial assistance whlch relates to or substantia]ly affects any matter within the scope of mandatory elements of the regional general plan shall be submitted to the agency board for approval. The bill would require that, on the date the agency board becomes the ex officio governing board of the various entities it replaces, all revenues which counties and cities provided to those entities shall be provided to the agency for its support, thereby imposing a state-mandated local program. The bill would make other provisions for employee and budget matters and recall of board members and would make conforming changes in existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including.the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $],O00,O00. This bJl] would provide that no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated ]oca] program: yes. The people of the State of California.do enact as follows: SECTION 1. Chapter 2 (commencing with Section 56325) of Part 2 of Division 3 of Title 5 of the Government Code is repealed. CA AB 4242 -~' 03/'09/90 Page 3 SEC. 2. Chapter 2 (commencing with Section 56325) is added to Part 2 of Division 3 of Title 5 of the Government Code, to read: CHAPTER 2. FORMATION OF THE COMMISSION 56325. There is in each region, as defined in Section 62200, a local agency formation commission which is the regional development and infrastructure agency board established pursuant to Chapter 4 (commencing with Section 62250) of Title 6.5 and which succeeds to all powers, duties, and responsibilities of county local agency formation commissions within the region. SEC. 3. Title 6.5 (commencing with Section 62000) is added to the Government Code, to read: CHAPTER 1. LEGISLATIVE FINDINGS AND DECLARATIONS 62000. The Legislature finds that: (a) Explosive population growth in California has placed an increasing strain on existing public facilities, services, and resources. Traffic congestion, inadequate waste disposal and sewage capacity, deteriorating air and water quality, and a lack of affordable housing are some of the problems caused by unmanaged growth in urban and urbanizing areas of the state. (b) Because growth problems spill over into neighboring jurisdictions within a region, effective action to resolve these problems must transcend existing local government boundaries. (c) Because the method for distributing sales and property taxes encourages intergovernmental competition for revenue-producing development, voluntary cooperative efforts among neighboring jurisdictions have not been able to resolve the problems associated with growth. (d) Voluntary cooperative agreements among local governments on growth problems have disintegrated when significant parties have withdrawn, conflicts have led to protracted bureaucratic fighting and litigation, or one party has attempted to dominate action under the agreement. (e) Growth issues cross not only political boundaries but functional lines of responsibility as well. Because decisions meant to solve one growth policy problem often create problems in other policy areas, effective growth management must comprehensively balance competing and conflicting policy objectives. Therefore, because agencies in California operating on a regional scale are primarily single purpose, they are consequently incapable of making the complex tradeoffs inherent in decisions about growth. (f) In addition to the problem of single--purpose responsibility, regional agencies in the state are plagued by other shortcomings that compromise their effectiveness, including insufficient authority to CA AB 4242 03/09/90 Page 4 implement plans or require consistency among local general plans and regional goals, and dependence on local government members for fiscal and political support. 62001. The Legislature therefore declares that: (a) Changes in the institutions responsible for managing growth are necessary to cope with the population increases projected for the state through the end of the century and to sustain a desirable quality of life for all Californians. (b) Reorganizing local government to create the means for regional action on regional problems will achieve: economies of scale in infrastructure development, interjurisdictional cost equity where problems extend beyond legal jurisdictional boundaries, improved decisionmaking on siting locally undesirable developments of regional benefit, integrated and consistent planning, and more equitable tradeoffs in policy decisions where problems extend beyond the functional responsibilties of single-purpose regional agencies. 62002. It is the intent of 'the Legislature to reorganize existing regional agencies and to reassign authority for their functions based on the following principles: (a) Horizontal consistency among the plans of local governments, including cJ. ties, counties, and special districts, within a region. (b) Vertical consistency between local and regional plans and objectives, and their implementation. (c) Functional comprehensiveness. (d) Equity in the provision of services. CHAPTER 2. DEFINITIONS 62100. The definitions contained in this chapter govern the construction' of this title unless the context reqnires otherwise. 62101. "Agency" means the regional development and infrastucture agency. 62102. "Board" means the regional development and infrastructure agency board. 62103. "City" means any chartered or general law city and any other city or town incorporated pursuant to law. 62104. "County" means any city and county and any chartered or general law county. 62105. "Developer" means any private person or public agency undertaking a development. 62106. "Development" means any material change in the use or CA AB 4242 03/09/90 Page 5 appearance of any land or structure. 62107. '"Development ordinance" means an ordinance adopted by the regional board for the implementation of any regional plan adopted by the regional board. 62108. "Infrastructure" means all public facilities necessary to accomodate population, growth, including, but not limited to, transportation infrastructure, sewage collection and treatment facilities, solid waste disposal facilities, and housing. 62109. "Legislative body" means the legislative or governing body of a county, city or special district. 62110. "Local agency" means a county, city, or special district. 62111. "Permit" means any permit authorized or required by ordinance of the regional board or legislative body of a local agency to be issued to a developer prior to the start of a development. 62112. "Plan" unless expressly limited includes any general plan, specific plan, or interim plan adopted by the regional board or the legislative body of any local agency. 62113. "Region" means an area defined in Chapter 3 (commencing with Section 62200). 62114. "Regional" means any matter substantially affecting the unincorporated or incorporated territory, inhabitants, or real or persona], property, of two or more count]es or cities, or any combination of counties and cities. 62115. "Regional board" means the governing body of the Regional Development and Infrastructure Agency. 62116. "Special district" means any public corporation, other than a county or a city, formed pursuant to general law or special act for the performance of governmental or proprietary functions within limited bonndaries. CHAPTER 3. CREATION OF REGIONAL DEVELOPMENT AND INFRASTRUCTURE AGENCIES 62200. A Regional Development and Infrastructure Agency is hereby established in each of the following: (a) San Francisco Bay Area Region (b) San Diego Region '(c) Los AngeJes Region (d) South Central Coast Region (e) North Central Coast Region CA AB 4242 03/09/90 Page 6 (f) Sacramento Valley Region (g) Central Valley Region 62201 The San Francisco Bay Area Region consists of the area defined by the San Francisco Bay Area Air Basin i'n Section 60101 of Title 17 of the California Code of Regulations. 62202 The San Diego Region consists of the area defined by the San Diego Air Basin on January 1, 1990, in Section 60110 of Title 17 of the California Code of Regulations. 62203 The [,os Angeles Region consists of all area included within the boundaries of Los Angeles County, Orange County, Riverside County, San Bernadino County, Ventura County, and Imperial County. 62204 The South Central Coast Region consists of all area included within the boundaries of San Luis Obispo County and Santa Barbara County. 62205 The North Central Coast Region consists of the area defined by the North Central Coast Air Basin on January 1, 1990, in Section 60102 of Title ]7 of the California Code of Regulations. 62206 The Sacramento Valley Region consists of all areas included within the boundaries of Sacramento County, Yolo County, Sutter County, Yuba County, and that portion of Placer County and Solano County included within the boundaries of the Sacramento Valley Air Basin as defined on January 1, 1990, in Section 60106 of Title 17 of the California Code of Regulations. 62207. The Central Valley Region consists of the area defined by the San Joaquin Valley Air Basin on January 1, 1990, in Section 60107 of Title 17 of the California Code of Regulations. CHAPTER 4. SELECTION OF INITIAL BOARD MEMBERS 62250. The regional development and infrastructure agency board shall be the governing body of the agency, and its members shall be initially selected as provided in this chapter. Article 1. Appointment of Agency Board Members 62260. (a) Beginning January 1, 1993, the agency board shall be composed of 11 members, five of whom shall be selected pursuant to this article. (b) In addition to the 11 appointed and elected members of the agency board, three nonvoting advisory members shall be appointed as follows: one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the President pro Tempore of the Senate. Any vacancies in these positions shall be filled in the same manner as the CA AB 4242 03/09/90 Page 7 original appointment. (c) All appointed agency members shall serve at the pleasure of the appointing authority for a period of not more than four years, except as specified in Sections 62264 and 62274. 62261. Two members shall be county supervisors and shall be selected by the county supervisors selection committee, which consists of the supervisors of the counties within the region. 62262. Two members shall be members of city councils and shall be selected by the city council member selection committee, which consists of the council members'of the cities within the region. 62263. One member shall be a member of a special district board and shall be selected by the special district committee which consists of the chairpersons of the boards of the special districts within the region. 62264. (a) The term of office of the agency board members selected pursuant to Sections 62261, 62262, and 62263 shall commence on January 1, 1993, and shall be for four years. (b) Notwithstanding subdivision (a), the terms of one member initially appointed pursuant to Section 62261 and one member initially appointed pursuant to Section 62262 shall be for two years. 62265. Successors to the board 'members whose term of office has expired shall be appointed as provided in Sections 62261, 62262, and 62263. 62266. Any vacancy among board members selected pursuant to this article shall be filled for the unexpired term by appointment made in the same manner as the original appointment. 62267. If any member selected pursuant to this article ceases to hold the county, city, or special district office he or she held at appointment to the agency board, his or her membership on'the agency board is terminated. Article 2. Election of Agency Board Members'Beginning January 1, 1993 62270. Beginning January 1, 1993, the agency board shall be composed of 11 members, six of whom shall be selected by election at large within the region. 62271. (a) An initial election to select the board members provided by this article shall be held, to be consolidated with the statewide general election on the third day of November 1992. The six candidates receiving the highest numbers of votes at the election shall be elected to the agency board. (b) Subsequent elections to select board members shall be held every two years and shall be consolidated with the statewide general election. CA AB 4242 03/09/90 Page 8 62272. As nearly as practicable board members shall be nominated and elected in accordance with the provisions of the Elections Code for general district elections held pursuant to the Uniform District Election Law as provided in Part 3 (commencing with Section 23500) of Division 12 of the Elections Code. 62273. Each candidate for the office of member of the agency board shall file with the county clerk of the county in which he or she resides nomination papers signed by not fewer 'than 30 registered voters residing in the region. Each board member, at the time of his or her nomination and election and during the term of his or her office, shall be a resident and registered voter of the region. 62274. The term of office of each board member elected in November 1992 shall begin at 12 noon on January 1, 1993. The term of office for elected board members shall be four years; except that the initial term of office for board members shall be either two years or four years. At the regular meeting of the agency board in January 1993, it shaJl be determined by lot which three board members Shall have terms expiring on January 1, 1995, and which three board members shall have terms of office expiring on January 1, 1997. 62275. Vacancies among board members selected pursuant to this article shall be filled in the same manner as vacancies on the board of supervisors as provided in Sections 25060 and 25061. CHAPTER 5. THE AGENCY BOARD 62300. The legislative and governing powers of the agency shall be vested in the agency board which shall constitute the legislative' and governing body of the agency, and which shall exercise all powers of the agency, except as otherwise provided in this title. 62301. The clerk of the board shall inform each member of the time and place of the organizational meeting of the agency board. The orgnizational meeting of the agency board shall be held not less than 10 days, nor more than 60 days, after the effective date of this section, at a time and place to be designated by the clerk of the board. 62302. The agency board shall elect from among its members a board chairperson and vice chairperson, and may elect any other officers it deems necessary from among its members. 62303. The individual selected as. chairperson shall serve for a term of four years, beginning at 12:00 o'clock noon on January 1, 1993. The individual selected as chairperson shall devote substantial time to the duties of'chairperson and to providing necessary and appropriate liaison wlth local, state, and federal agencies. His or her compensation shall be set by the agency board, and shall not CA AB 4242 03/09/90 Page 9 exceed dollars ($~) annually. In the event that the chairperson, during his or her term of Office, also receives compensation as a city councilperson or county supervisor, the amount of compensation shall be included in determining the compensation authorized by this section. The chairperson shall be eligible to receive reimbursement for actual and necessary expenses as provided in Section 62308 but shall not receive the per diem compensation provided for board members by that section. 62304. A majority of the members of the agency board shall constitute a quorum for the transaction of business. However, a majority vote of the entire board is necessary to approve any matter before the agency board. 62305. The agency board may appoint an executive committee consisting of the chairperson of the board and not less than four, nor more than six other members of the agency board. The agency board may authorize the executive committee to exercise any powers possessed by the agency board, and shall, by resolution, specify those powers delegated to the executive committee. The executive committee shall exercise any powers delegated to it in substantially the same manner as may .be provided by law for their exercise by the agency board. Any action taken by the executive committee may be amended or repealed by the agency board. 62306. The agency board may establish any committees of the board it deems advisable and shall specify the purposes and duties of each committee. 62307. The agency board shall, by resolution, establish the location o~ its principal meeting place and fix the date and time of its regular meetings. However, the agency board shall meet at least once each month. 62308. Subject to conditions which the agency board may determine, each member of the agency board shall receive compensation of dollars ($ ) for each day or portion thereof devoted'to attendance at board or committee meetings, or other official business of the agency; provided that the compensation shall not exceed dollars (S__B) during any calendar month. In addition to the compensation provided by this section, 'board members shall receive the actual and necessary expenses incurred in the performance of official agency business. The board shall adopt rules specifying what constitutes official agency business for which actual and necessary expenses will be paid. 62309. The agency shall be deemed a local agency under the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5), and shall be subject to the provisions of that act. CHAPTER 6. GENERAL POWERS AND DUTIES OF THE AGENCY CA AB 4242 03/09/90 Paffe i0 62400. Acts of the agency shall be expressed by the adoption of ordinances, resolutions, or motions. 62401. The agency has and may exercise any express powers granted to it and any powers necessary to, implied in or incidental to those express powers. 62402. The agency may sue and be sued, except as otherwise provided by law, in all actions and proceedings and in all courts and tribunals of competent jurisdiction. 62403. The agency shall have power to contract or otherwise participate in, and to accept grants, funds, or services from the federal government, its agencies or instrumentalities in connection with any federal program relevant to its functions; and the agency shall similarly have the power to contract or otherwise participate in, and to accept grants, funds, or services from the state, or any agency or instrumentality thereof, or any city, county, civic organization or private person in connection with any program relevant to its function. 62404. The agency shall have power to establish and maintain those offices as are judged best to facilitate the accomplishment of the purposes of the agency, and to take by grant, purchase, devise, or gift, or to lease or rent, and to hold, use, and enjoy any property necessary or convenient to the establishment, maintenance, or operation of those offices, and to purchase, exchange, or dispose of property as is necessary or convenient for this purpose. 62405. The agency shall have power to contract with any person, firm, association, or corporation, or to contract for any other types of services necessary or convenient for carrying out the purposes of the agency. 62406. The agency may make, publish, and disseminate, by publication, posting, mailing or any other form of communication, any data and information which is relevant to regional affairs or to the operations, functions, and responsibilities of local and regional agencies and may sponsor conferences, workshops, programs, and lectures pertaining thereto. 62407. The agency may make any of its property or facilities available for the use of other public agencies, and may authorize its officers and personnel to furnish advice, assistance, or services to other public agencies. 62408. The agency shall enact an ordinance specifying the number, Compensation, and general duties of personnel employed by the agency. 62409. Because of the comprehensive regional responsibilities required of the agency by this chapter, the agency, notwithstanding any other provision of /aw, shall be.the air quality control district' for the region, the regional water quality control board, and the regional transportation planning agency for the purpose of Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3, and, Jn the case of the San Francisco Bay Region, for the purpose of CA A8 4242 03/09/90 Page 11 Section 99302 of the Public Utilities Code and shall succeed to the powers and responsibilities of the predecessor agencies. The board shall also succeed to the powers and responsibilities of the councils of government established pursuant to Section 6502 with respect to regional housing needs pursuant to Section 65584 and any other powers and responsibilities. The board shall succeed to the powers and duties of the local agency formation commissions within the region pursuant to Division 3 (commencing with Section 56000) of Title 5. The board shall also succeed to the real and personal property and all other assets and liabilities of the predecessor agencies or districts described in this Section. 62410. The agency board shall provide for regular audits of the fiscal affairs of the agency. Audits shall occur at least annually and shall show the exact financial condition of the agency as of the end of the period covered thereby. 62411. The agency, by agreement with any other public agency, may provide for the joint exercise of any powers common to the contracting parties, pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. 62412. The agency board'shall appoint individual standing committees to assist in the preparation and review of each respective element of the regional general plan required by Section 62500. The specific duties and purposes of each committee shall be defined by the agency board. Insofar as it is practicable, the membership of the committees shall include: (a) Appointed or elected officials of federal, state, and local agencies which have the responsibility for providing governmental services related to ~he respective plan elements. (b) Members of the general public having interests, experience, or expertise related to the respective plan elements. (c) Members of the agency board. 62413. The board shall review within the region all developments of regional impact as dekermined by regulations of the Office of Planning and Research or under ihe California Environmental Quality Act aivision 13 (commencing with Section 21000) of the Public Resources Code and approve, .in whole or in part, or disapprove the development. 62414. The board shall issue and enforce regulations concerning fair share allocations of developments of regional benefit including, but not limited to, low- and moderate- income housing, solid waste disposal facilities, and sewage treatment facilities. The board shall develop regulations concerning methods for determining fair share allocations including, but not limited to, compensation in various forms among ]oca~ agencies. 62415. In addition to any other requirements of law, the board shall review and approve, in whole or in part, or disapprove a].] county and regional solid waste plans prepared pursuant to Article 2 CA AB ~242 03/09/90 Page 12 (commencing with Section 66780) of Chapter 2 of Title 7.2. 62416. The agency board may provide for the appointment of additionar standing committees as may be necessary or desirable. The board shall specify the purposes, duties, and membership of each committee. Membership on additional standing committees shall be open to appropriate federal, state and local officials, and members of the general public, as may be determined by the agency board. 62417. Subject to conditions as the board may determine, the members of each standing committee appointed by the agency board shall be reimbursed for actual and necessary expenses incurred in connection with the duties and responsibilities of the committee, and the board may establish a per diem amount, not to exceed dollars ($_ ) per meeting or ~_ dollars ($N__) per calendar month, to represent the reimbursement. However, any member of the agency board claiming reimbursement for expenses pursuant to the provisions of Section 62308 sha]l not be reimbursed for expenses pursuant to this section. CHAPTER 7. THE REGIONAL GENERAL PLAN 62500. The agency shall prepare, adopt, and maintain a regional general plan, which shall be in accordance with the goals and objectives provided in Sections 62001 and 62002. The regional plan shall be prepared, adopted, maintained, reviewed, and revised as provided in this chapter. 62501. The regional general plan shall contain at least the following correlated elements prepared in accordance with Section 62502 to 62505, inclusive: (a) An air quality element for the integrated development, management, and control of the air resources of the region. This element shall comply with the plans, policies, and requirements established by 'the State Air Resources Board pursuant to provisions of th'e Health and Safety Code, for the protection of ambient air quality within the state. The emission requirements, and rules and regulations established by the predecessor air pollution control district pursuant to Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code, shall be the initial emission requirements, and rules and regulations for the air quality element of the regional plan required by this section. (b) A water quality element for the integrated development, management, and control of the water resources of the region. This element shall comply with the p].ans, policies, and requirements established by the State Water Resources Control Board pursuant to provisions of the Water Code,.'for the protection of the quality of water of the state. The "water quality management plans" prepared pursuant to Article 3 (commencing with Section 13240) of Division 7 of the Water Code, for all the areas within the region shall be the initial water quality CA AB 4242 03/09/90 Page 13 element of the regional plan required by this section. (c) A transportation element for the development and management of an integrated regional system of transportation of persons and goods within the region, including (1) the regional highway system, (2) bridges, tunnels, tubes or other crossings for highways or rapid transit, (3) transit and mass transit systems, (4) airports, seaports, and (5) any related facilities. The "regional transportation plan" prepared pursuant to Section 65080, shall be the initial transportation element of the regional general plan required by this section. The transportation element prepared pursuant to this subdivision shall be the regional transportation plan required by Chapter 2.5 (commencing with Section 65080) of Title 7, and shall comply with the provisions thereof. (d) A housing element identifying housing needs within the region. (e) A sphere of influence element for the region which identifies urban service boundaries based on the determinations required in Section 56425 with respect to the region. (f) A capital facilities element which shall assess the existing · regional infrastructure, identify regional capital facilities needs and identify opportunities for economics to be realized in the provision of capital 'facilities in the, areas of shared use, sitings, financing, and operation. 62502. The initial regional genera], plan, containing all the elements specified in Section 62501, and the matters described in Sections 62503, 62504, and 62505, shall be adopted no later than from the date of the organizational meeting of the first agency board. Each individual element specified in Section 62501 may be adopted at any time during the period. In addition, the agency may, as it deems necessary and appropriate, provide by ordinance for the inclusion of additional elements in the regional plan. 62503. In accordance with the goals and objectives specified in Sections 62001 and 62002, the regional general plan, and each individual element thereof, shall consider and seek to harmonize the needs of the entire region, the plans of local agencies within the region and the plans or planningactivities of federal, state and other governmental or nongovernmental agencies, and organizations which affect or are concerned with planning and development for the region. The elements of the regional plan adopted by the agency shall be related to and consistent with each other. 62504. The regional general plan'shall include statements, based on studies as comprehensive as feasible, concerning the,following factors relevant to the region: (a) Population and population distribution by age, educational CA AB 4242 03/09/90 Page 14 level, income, employment, race, and other relevant characteristics. (b) Amounts, types, levels, and general locations of commercial and industrial activities. (c) Amounts, types, quality, and general locations of housing units. (d) General location and extent of major transportation, utility and regional facilities and the plans, if any, of other public agencies to provide those facilities. (e) Amounts, general locations, and intensities of land uses by categories such as agricultural, commercial, industrial, residential, recreational and open space, and the patterns of relationships between the different categories. The statements relating to open-space land use shall identify areas which should be left in an open condition by reason of their status as: flood plains, steep slopes, earthquake fault zones or other hazardous areas which are not suitable for development in the absence of precautionary measures, which will reduce the level of risk to that comparable with adjoining, nonhazardous areas, watershed lands, lands suitable for the production of food and fiber, including food and fiber which.cannot be easily produced in alternate locations; lands of scenic value; lands which provide significant habitat for animal life or sites for plant life which is indigenous to the region; and lands which are suitable for regional park and recreation purposes. (f) Areas, sites, or structures of aesthetic, historic, educational, or recreational, qua].ity or usefulness. (g) Natural resources, including air, water, forests, soils, rivers and other waters, waterfronts, shorelines, fisheries, wildlife, and minerals. The statements shall identify the present conditions and the major problems relating to development, physical deterioration, and the location of activities that use land and the environmental, social, and economic effects thereof. The statements shall show the projected nature and rate of change in present conditions for the reasonably foreseeable future in the absence of new governmental action and the probable environmental, social, and economic consequences which will result from these changes. 62505. The regional general p]an shall include a list of specific policies and programs necessary to achieve the goals and objectives of the plan, and to obviate or resolve the major problems identified pursuant to Section 62504. These programs shall include all of the following: (a) An immediate and long-range program of recommended public actions, including state legislation, enactment of ordinances, preparation of detailed specific plans for areas within 'the region, and expenditure of public funds, to be undertaken by appropriate public agencies in order to achieve the objectives, policies, and CA AB 4242 03/09/90 Page 15 standards of the plan and the individual elements thereof. (b) Estimates of the amounts, types, characteristics, and general locations of land to be acquired by public agencies, and the regional facilities to be provided by public agencies in order to carry out the immediate and long-range programs of public action's, and an estimate of the number of persons and activities to be displaced thereby, the consequences of displacement and the provisions, if any, to be undertaken to relocate them. (c) A statement of types of development controls and general provisions thereof which are recommended for enactment in order to achieve the objectives and implement the po].icies of 'the regional general plan and the individual elements thereof. The statement shall include estimates of the costs of administering and implementing these controls, including the number and types of personnel required therefor. (d) Estimates of the costs of acquisitions, development, and enforcement of development controls necessary to implement the immediate and long-range programs of public actions, and a statement of sources of the public funds of all types which are, will be, or could be made, available for those purposes. (e) An estimate of the environmental, social, and economic consequences of the immediate and long-range programs of public actions, including the impact on population distribution by characteristics and income, employment, and economic conditions within the region and an evaluation, to the extent feasible, of the consequences of alternative programs of public action. (f) A statement of the assumptions regarding private'development, and future development for public use by public agencies upon which the immediate and long-range programs are based. 62506. The agency may amend or repeal all or any part of the regional general plan, or any element thereof, and may adopt all or any part of a new regional general plan or element thereof. The agency director and the agency board shall continuously review the regional general plan and the various elements thereof'and shall prepare those changes deemed advisable. 62507. The agency board may, by resolution, direct the agency director to prepare, or cause to be prepared, and submit for board approval., all or any part of the regional general plan or any amendment thereof. The resolution shall describe in brief and general terms the nature, location, and extent of the proposed plan or amendment to be prepared by the agency director. The agency director,' on his or her own initiative, may prepare and submit to the agency board proposed amendments to the regional general plan. 62508. Prior to adopting the plan, any element thereof, or any amendment ~hereto, the board shall, by resolution, provide for a hearing by the board on the question of whether the proposed plan, element thereof, or amendment thereto, should be approved and adopted by the board. CA AB 4242 03/09/90 Page 16 62509. Any resolution adopted pursuant to Section 62508 providing for a hearing shall do all of the following: (a) Concisely summarize the substance of the proposed plan, element thereof or amendment, and refer to the same on file with the agency director, for a full and complete description thereof. (b) Indicate where the proposed plan, element thereof or amendment may be examined and where copies thereof may be obtained. (c) Fix a time, not ]ess than 30 days or more than 75 days after adoption of the resolution, and the place of hearing by the agency board on the question of whether the proposed plan, element thereof or amendment, should be approved and adopted by the board. The board shall, cause notice of a hearing held pursuant to Section 62508 to be published pursuant to Section 6061 in a newspaper, or newspapers, of general circulation published in the region. Publication shall occur at least three weeks prior to the date of the hearing. The board shall also cause to be mailed notice of the hearing to each county and city within the region, and to any other public agency or private person who shall have fi]ed a written request for mailed notice with the board. The mailing shall occur at least three weeks prior to the'date of the hearing. 62510. At the conclusion of a hearing held pursuant to Section 62508, the board may who]ly or partially, with or without modification, approve or disapprove the proposed regional general plan, element thereof, or amendment thereto. The board shall approve and adopt the plan, any element thereof, or amendment thereto by ordinance. 62511. The board may, by resolution, authorize the agency director to specify regional data, including projections of population growth and economic activity, recommended to be emp]oyed by local agencies in the preparation of local'plans and ordinances or regulations relating to planning, or relating to the regulation and control of development or of preexisting uses or structures. 62512. Upon written request by the agency director, the officers of each local agency shall furnish lists of or make available to the director full and complete information concerning the nature and extent' of all existing local plans and ordinances and regulations relating to planning or to the regulation and control of development which may have a direct or substantial effect upon any of the matters covered by the mandatory elements of the regional general plan specified in Section 62501. 62513. The agency shall adopt an ordinance designating, or' authorizing the agency director to designate, those existing plans, ordinances, and regulations of each local agency,'certified copies of which shall be filed with the director pursuant to Section 62502. The agency director shal] mail written notice to each local agency designating the instruments, certified copies of which shall be filed with the d~rector. The certified copies shall be filed with the CA AB 4.242 03/09/90 Page 17 director no later than 30 days after the mailing of the notice or on or before any later date the director may authorize. 62514. Any local agency proposing to adopt or amend any local plan or any ordinance or regulation pertaining to planning or pertaining to the regulation and control of development in a manner which has a direct or substantial effect on any of the matters covered by the mandatory elements of the regional general plan specified in Section 62501, shall mail written notice thereof to the agency director at least 30 days prior to the date of adoption or amendment thereof. 62515. To facilitate further the effective and harmonious planning of the agency, the agency may request from the federal or'state government, or agencies and instrumentalities thereof, and from private organizations, agencies, or individuals, copies of plans, maps, reports and other documents which are related to regional planning. 62516. The agency shall submit to the legislative bodies and to the planning agencies of all of the counties, cities, to the Legislature, to the Office of Planning and Research, and to other governmental agencies and .instrumentalities, official~representatives, other agencies, organizations and individuals, public or private, in the district which are designated by the board, an annual report on or before the first day of March. The annual report shall contain a report on the status of the regional general plan, and descriptions of those sections of the regional general plan which have been amended, revised, added, or deleted during the preceding year, and a brief report of other major activities. .CHAPTER 8. EFFECTUATION OF THE REGIONAL GENERAL PLAN 62550. This chapter shall apply only to the elements of the regional general plan designated in Section 62502. The agency, by one or more ordinances, shall prescribe rules and regulations, which shall be complied with by affected private persons, and in any plans, ordinances, and regulations of a local agency relating to p]annJ, ng or to the regulation and control of development. These ordinances shall be enacted during the time the regional general plan and the individual elements thereof are under preparation as well as after the plan and the elements thereof have been adopted. The board shall, by resolution, provide for a hearing by the board on the adoption or amendment of any ordinance authorized by this section. The resolution shall summarize the substance of the proposed ordinance or amendment, shall indicate where copies thereof may be obtained, and shall fix a date and time, not less than~21 days nor more than 60 days, from the adoption of the resolution, when the hearing shall be held. Notice of the hearing shall be given as provided in Section 62509. 62551. In accordance with the policy stated in Sections 62000, 62001, 62002, the rules and regulations adopted pursuant to this title shall be limited to those specific matters which have a direct and substantial effect upon the accomplishment of the objectives and CA AB 4242 03/'09/90 Page 18 policies of the regional general plan or individual elements thereof, and shall be no broader nor more stringent than is reasonably necessary for the accomplishment of the regional objectives and' policies. 62552. The plans of all local agencies shall be consistent with any regional rules or regulations prescribed pursuant to Sections 62550 and 62551. The board shall review all local general plans as defined in Section 65302. When the board has made a determination that a general plan or an e].ement is consistent with the regional general plan the determination may be appealed only for reasons and within time periods as the board shall adopt by rules and regulations. 62553. The ordinances or regulations of all local agencies regulating and controlling development shall be consistent with the regional rules and regulations of the agency prescribed pursuant to Sections 62550 and 62551. 62554. The rules and regulations based on the air-quality element of the regional plan shall include the specific air quality emission requirements prepared as part of the element pursuant to Section 62501. 62555. If Lhe agency director concludes that there is any inconsistency between the rules and regulations prescribed by the agency and the provisions of any existing or proposed ordinance or regulation of a local agency, the director shall mail a written notice of nonconformity to the local agency. The director shall notify any affected private persons of any inconsistency in the same manner. The notice of nonconformity shall identify the inconsistency and contain a statement of facts and reasons supporting the director's conclusion of inconsistency. 62556. Within 90 days after the mailing of the notice of nonconformity pursuant to Section 62553 or within an additional time as the agency director may authorize, the local agency or affected private person shall either take steps necessar, y to eliminate the inconsistency, or file an application with the director requesting a hearing and determination by the board on the question of inconsistency. Any application shall contain a statement of facts and reasons supporting the conclusion that there is no inconsistency. 62557. Upon the filing with the agency director of an application requesting a hearing and determination by the agency board on the question of inconsistency, the director shall fix a time and place of hearing on the question and mail written notice thereof to the local agency or affected private person. The date of the hearing shall be at least 15 days after the date of mailing of the notice. 62558. At the hearing the board shall consider the agency director's written notice of nonconformity and the application for a hearing. The board shall receive evidence from the director, authorized representatives of the local agency, and any other interested public agency or private person. At the conclusion of the hearing, if the board is of the opinion that an inconsistency exists, the board may adopt an order directing the local agency to cease and CA AB 4242 03/09/90 Page 19 desist from enforcing, maintaining or acting pursuant to any inconsistent provisions of any existing plan, ordinance, or regulation of the agency or from adopting any proposed plan, ordinance, regulation, or any amendment thereof, containing inconsistent provisions. In the case of a private person, the order shall direct the private person to cease and desist from the specific action found to be inconsistent. Any violation of a cease and desist order may be enjoined by the superior court in any county on application of the agency. Injunctive proceedings shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required in any action commenced by the agency. A majority vote of the board shall be required to adopt a cease and desist order with respect to a rule or regulation based on any element of the regional plan or initial plan which has been adopted by the agency pursuant to the provisions of Chapter 7 (commencing with Section 62500). 62559. The provisions of this chapter shall not apply to'any city, county, or city and county within the region with respect to state highway location therein. '62560. The adoption by the agency of any plan or ordinance authorized by this chapter or Chapter 7 (commencing with Section 62500) shall not preclude the adoption by a local agency of any plan or any ordinances or regulations affecting any of the'mandatory elements of the regional plan specified in Section 62501. Each local plan, ordinance, or regulation, however, shall be subject to the provisions of this chapter. CHAPTER. 9. REVIEW OF APPLICATIONS FOR FINANCIAL ASSISTANCE 62580. As used in this chapter, "financial assistance" means financial assistance extended to any local agency by the state or federal governments or any other public agency, including grants and contractual arrangements~ such as loans, loan guarantees, insurance and any other form of financial assistance, but shall not include financial assistance extended by One local agency to another local agency. 62581. If any application by a local agency for financial assistance relates to or substantially affects any matter within the scope of any of the mandatory elements of the regional general plan, as set forth in SectiOn 62501, the application shall be submitted to the board for approval not later than 30 days prior to the date on which it is submitted to the agency from whom financial assistance is proposed to be requested. In approving or d~sapproving any application, the board shall take the following factors into account: (a) Whether the project or purpose for which .financial assistance is requested is consistent with the regional general plan. (b) The relative priority of the project Or purpose with respect to other projects or purposes for which financial assistance is being or CA AB 4242 03/09/90 Page 20 may be sought by other public agencies. (c) Any other factors deemed to be relevant. The agency may submit comments and recommendations concerning the application to the applicant and to the agency from whom financial assistance is requested. The agency is designated as the agency authorized to approve or disapprove any applications for financial assistance from the state or federal governments which are required to be reviewed by an areawide agency designated to perform metropolitan or regional planning. 62582. The agency shall adopt an ordinance prescribing a procedure and providing standards and criteria to be followed in reviewing applications for financial assistance and the making of comments and recommendations thereon. The ordinance may exempt from review certain classes of applications described by amount, project, purpose of assistance sought, or other relevant criteria. The ordinance may authorize the agency director to review, comment or make recommendations upon certain classes of applications. CHAPTER ]0'. AGENCY OFFICERS AND EMPLOYEES 62600. The agency board shall appoint, prescribe the compensation for, and may remove at any time, an agency director and a legal counsel. As an alternative to employing a separate legal counsel, or as a supplement thereto, the agency board may contract with the Attorney General of the State of California for appropriate legal services. 62601. The agency director shall be the chief administrative and planning officer. The director shall, subject to policies established by ordinance of the board, do all of the following: (a) Direct and administer the preparation, general maintenance, regular review, and revision of the regional general plan, and administer and execute all of the other functions and duties of the agency as set forth in this title. (b) Appoint and remove personnel of the agency, with the exception of the legal counsel. (c) Serve, or designate personnel to serve, as executive secretary to the board. (d) Perform other duties and exercise other powers as the board may delegate to him or her. 62602.. In enacting the personnel ordinance required by Section 62408 the agency shall consider the availability of personnel employed by the local councils of government air pollution control districts, regional water quality Control boards, regional transportation agencies, local agency formation commissions, and other appropriate agencies who, by reason of their employment, possess the CA AB 4242 03/09/90 Page 21 administrative and technical skills necessary to staff a regional development and infrastructure agency. 62603. When the agency board, becomes the ex officio governing body of air pollution control.districts, regional water quality control boards, regional transportation agencies, local agency formation commissions, the agency director shall, immediately and automatically, become the executive director or other chief administrator of those entities and shall exercise the respective powers and duties of those offices. The agency director shall appoint those deputies as may be -necessary to manage the day-to-day operati.ons of those agencies. The agency director may authorize those persons to exercise any of the powers and duties which he or she is required to exercise pursuant to this section. The appointment of those persons shall be subject to confirmation by the agency board. However, after those persons have been confirmed by the agency board, they shall serve at the pleasure of the agency director and shall be directly responsible to him or her. 62604. The legal counsel shall be responsible to the agency board and shall provide those legal services to the agency as the agency may require or as are.required by law. CHAPTER 11. FINANCIAL PROVISIONS 62650. On the date that the agency board becomes the ex officio governing board of the various entities that agency replaces pursuant to this title all revenues which counties and cities provided to those entities shall be provided to the agency for its support. Counties and cities shall contribute no less than the amount they provided in 1989-90 fiscal year and shall annually increase contributions indexed to the increase in each year's county or city budget over the 1989-90 budget. 62651. The fiscal year of the agency shall begin on July I of each year and end upon June 30 of the following year. 62652. At that time that the agency board may prescribe, but not later than the first regular meeting of the board in May of each year, th~ agency director shall prepare and submit to the board a budget estimate of the expense of conducting the agency for the ensuing fiscal year. 62653. The budget estimate shall be in a form as the agency board may prescribe. The budget estimate shall contain a summary of the fiscal po]icy of the agency for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of financing the budget for the ensuing fiscal year, contrasted with the corresponding data for the current fiscal year. The budget estimate shall also contain a statement of the resources of the general reserve fund to be carried over to the ensuing fiscal year. The budget estimate may include an unappropriated balance item to be available for appropriation in the CA AB 4242 03/09/90 Page 22 ensuing fiscal year to meet unforseen contingencies, other than contingencies resulting from temporary insufficiencies in the revenues of the agency. 62654. After submission of the budget estimate, the agency board shall fix a time and place for hearing by the board thereon. The ~agency director shall cause notice of the hearing to be published pursuant to Section 6061 in a newspaper, or newspapers, of general circulation published in the region. The director shall also cause to be mailed notice of the hearing to each county and city within the region and to any other public agency or private person who shall have filed a written request for such notice with the board. Notice required pursuant to this section shall be given at ]east 15 days prior to the date set for the hearing. 62655. At the budget hearing, the agency board may increase or decrease any item in the budget estimate and may delete any item therefrom or add any new item thereto. 62656. Upon the conclusion of the hearing and not later than June 30, the agency board shall approve by ordinance the budget estimate, as submitted by.~the agency director or as revised by the board, and thereupon the same shall constitute the final budget for the ensuing fiscal year. 62657. The several items of the final budget shall be deemed appropriated for the' ensuing fiscal year in the amounts and for the purposes specified An the final budget ordinance, unless altered or modified pursuant to Section 62655. 62658. For the purpose of providing against temporary insufficiencies in the revenues of the agency and of keeping the payment of the operating expenses of the agency on a cash basis, the agency shall cause to be created and maintained in the regional treasury a permanent revolving fund known and designated as the "General Reserve Fund." The fund shall be maintained in such amount as the agency may specify but shall be sufficient to meet all estimated demands against the treasury for a period of not less than three moaths or more than six months. 62659. If at any time the revenues of the agency shall be insufficient to pay any demand against the agency treasury, as the same becomes due and payable, the agency director may transfer moneys from the Genera] Reserve Fund to the fund or account in the treasury from which any such demand is payable. Any amount so transferred shall be deemed a loan to the fund or account to which transferred and, upon receipt of revenues, the director shall retransfer such amount to the General Reserve Fund. CtIAPTER 12. RECALL OF BOARD MEMBERS 62700. Any member of the agency board may be recalled pursuant to the provisions of this chapter. Any board member may be recalled if a sufficient petition for his or her recall is presented to the agency CA AB 4242 03/09/90 Page 23 director at any time after six months from the commencement of his or her term of office and prior to six months before the expiration of his or her term of office. A separate petition is necessary to propose the recall of each board member. 62701. Before circulating any petition, the proponents shall file with the agency director a circulation notice declaring their intention to circulate the petition. The circulation notice shall set forth the request 'to be made in the petition and contain a statement, not exceeding 500 words, of the reasons for the proposed petition. The statement is intended solely for the information of voters and no insufficiency or inaccuracy therein shall affect the validity of the petition nor any election held pursuant thereto. 62702. After the filing with the agency director of a circulation notice, the proponents shall cause the notice to be published in a newspaper of general circulation, circulating within the affected election district. The proponents shall file an affidavit of publication of the notice with the agency director not later than 10 days after 'the last publication. Fifteen. days after the last publication, the petition for recall may be circulated. 62703. Within 10 days after the filing of a circulation notice, the agency director shall give mailed notice of the filing to the county clerk of each county. The notice shall indicate the request to be made in the petition and the date of filing the circulation notice. 62704. Any board member proposed to be recalled may file an answer, not exceeding 500 words in length, with the agency director answering any statement of reasons contained in the circulation' notice. The board member, at his or her own expense, may cause the answer to be published, in which case he or she shall file affidavits of publication thereof with the agency director. 62705. A petition may be circulated as a single insCrument or in separate counterparts. The petition shall contain a copy of the circulation notice. The petition shall state the name of the board member sought to be recalled. 62706. Each recall petition or counterpart shall have printed across the top of the first page in at least 12-point boldface type: "Petition for Recall of Board Member, Regional Development and Infrastructure Agency." 62707. No petition or supplemental petition shall be accepted for filing by any county clerk unless all signatures thereon were affirmed within 180 days after the date of filing with the agency director of the circulation notice. 62708. The circulator of a petition shall be a registered voter and resident of the region. 62709. Each signer of a petition shall sign his or her signature and affix the date thereof and his or her place of residence, giving the street and number or a designation sufficient to enable-his or her place of residence to be readily ascertained. Prior to filing the CA AB 4242 03/09/90 Page 24 petition, the name or number of the election precinct in which each signer resides shall be added thereto. 62710. The circulator of each petition shall attach his or her affidavit thereto stating, according to information and belief, that: (a) Each signature appearing on the petition is the genuine signature of the person who~e name it purports to be. (b) Each signer, at the time of his or her signature, was a resident of the region and a registered voter of the county. (c) The circulator personally observed each signer as he or she signed his or her signature and affixed the date thereof and his or her residence address. 627~1. The petition shall be filed with the county clerk of the county within which it was circulated. All counterparts circulated in any county shall be filed at the same time. 62712. Upon the filing of a petition, the county clerk shall examine the petition and determine, from the records of registration, the number of residents of the region and registered voters within the county who have signed the petition. 62713. Within 20 days after the filing of a petition, the county clerk shall complete his or her examination of the petition, shall execute his or her certificate showing the result of his or her examination and shall transmit the certificate to the agency director together with a certified copy of the petition. The copy need not contain any of the signatures or names appearing on the original petition. 627]4. Within 30 days after the county clerk shall have transmitted a certified copy of the original petition and his or .her other certificate pertaining thereto, a supplemental petition identical to the original, but containing additional signatures, may be filed with the county clerk. Within 10 days thereafter, the county clerk shall examine the same, execute his or her certificate showing the results of the examination and transmit the certificate to the agency director, together with a certified copy of the supplemental petition. 627]5. The county clerk shall retain a copy Of each certificate executed by him or her and all original petitions and supplemental petitions with their respective signatures and names. The petitions shall be retained on file for one year, after which they may be destroyed unless they are material to some action or proceeding then pending. 62716. If a recall petition is signed by voters numbering more than 5 percent of the entire vote cast within the designated election district for all candidates for Governor at the last gubernatorial election, the agency director shall present the petition to the agency board, Within 10 days thereafter the agency board shall ca].] a special election within the designated election district to determine whether CA AB 4242 03/09/90 Page 25 the incumbent board member shall-be recalled. 62717. The agency board shall call any special election required as a result of the presentation to it of a sufficient petition. The election shall be called in accordance with the general provisions of the Elections Code applicable to the calling of special elections for cities and counties. 62718. The ballots, in addition to matters otherwise required by law, shall state: "Shall (name of person proposed to be recalled) be recalled from the office of member of the governing board of the Regional Development and Infrastructure Agency?" Opposite the statement, the words "Yes" and "No" shall be printed on separate lines, with voting squares. 62719. At lea.st l0 days prior to the recall election, the county clerk shall mail a sample ballot and a separate printed copy of the statement of the proponents of the recall and the answer, if any, of the elected board member sought to be recalled, as theretofore filed with the agency director. 62720. If ].ess than a majority of voters voting on the question of recall vote "Yes," the incumbent board member shall continue in. office. If a majority vote "Yes," the incumbent board member shall be deemed recalled from office upon the qualification of his or her successor. 62721. If a vote recalls the incumbent board member from his or her office, the office shall be vacant and the vacancy shall be filled in the manner specified in Chapter 5 (commencing with Section 62300). 62722. AIl costs incurred by a county pursuant to this chapter in connection with proceedings and elections for recall shall be reimbursed by the agency. SEC. 4. Section 65302 of the Government Code is amended to read: 65302. The general~plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives; principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to those areas. The land use element shal] designate, in a land use category that provides for timber production, those parcels of real property zoned for timberland production pursuant to the California CA AB 4242 03/09/90 Page 26 Timberland Productivity Act of 1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5. (.b) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and'other local public utilities and facilities, all correlated with the land use element of the plan. -(c) A housing element-as provided in Article 10.6 (commencing with Section 65580). (d) A conservation element for the conservation, development, and utilization of natural resources including water'and its hydraulic force, forests, soils, rivers and other waters, harbor's, fisheries, wildlife, minerals, and other natural resources. That portion of the. conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover: (1) The reclamation of land and waters. (2) Prevention and control of the pollution of streams and other waters. (3) Regulation of the use of ]and in stream channels and other areas required for the accomplishment of the conservation plan. (4) Prevention, control, and correction of the erosion of soils, beaches, and shores. (5) Protection of watersheds. (6) The location, quantity and quality of the rock, sand and gravel resources. (7) Flood control. The conservation element shall be prepared and adopted no later than December 31, 1973. (e) An open-space element as provided in Article 10.5 (commencing with Section 65560).' (f) A noise e]ement which shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Department of Health Services and shall analyze and quantify, to the 'extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources: (1) Highways and freeways. (2) Primary arterials and major local streets. CA AB 4242 03/09/90 Page 27 (3) Passenger and freight online railroad operations and ground rapid transit systems. (4) Commercial, general aviation, hel.iport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not limited to, railroad classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. Noise contours shall, be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day£night average ]eve] (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive. The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insulation standards. (g) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence and other geologic hazards known to the legislative body; flooding; and wild ]and and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, peak]oad water supply requirements, and minimum road widths and clearances around structures, as those items re]ate to identified fire and geologic hazards. Prior to the periodic review of its general 'plan and prior to preparing or revising its safety element, each city and ~ounty shall consult the Division of Mines and Geology of the Department of Conservation and the Office'of Emergency Services for the purpose of including information known by and available to the department and the office required by this subdivision. To the extent that a county's safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county's safety element that pertains to the city's~ planning area in satisfaction of the requirement imposed by this subdivision. At least 45 days prior to adoption or amendment of the safety element,.each county and city shall submit to the Division of Mines and Geology of the Department of Conservation one copy of a.draft of CA AB 4242 03/09/90 Page 28 the safety element or amendment and any technical studies used for developing the safety element. The division may review drafts submitted to it to determine whether they incorporate known seismic and other geologic hazard information, and report its findings to the planning agency within 30 days of receipt of the draft of the safety element or amendment pursuant to this subdivision. The legislative body shall consider the division's findings prior to final adoption of the safety element or amendment unless the division's findings are not available within the above prescribed time limits or unless the division has indicated to the city or county that the division will not review the safety element. If the division's findings are not available within those prescribed time limits, the legislative body may take the division's findings into consideration at the time it considers future amendments to the safety element. Each county and city shall provide the division with a copy of its adopted safety element or amendments. The division may review adopted safety elements or amendments and report its findings. All findings made by the division shall be advisory to the planning agency and legislative body. (h) An interjurisdictional cooperation element showing > relationships and stating principles and guidelines to be used in the > accomplishment of coordination of the general plan with the plans of > <'other local agencies providing services, but not having regulatory > authority over the use of land, with the plans of adjacent local > agencies, the region, and, when applicable, the state. This element > shall demonstrate consideration of the particular effects of the > general plan, when adopted, upon the development and revenues of > adjacent local agencies, the region, as defined in Article I > (commencing with Section 62200) of Chapter 3 of Title 6.5, and the state, as the case may require. This element shall take into > consideration comments received'pursuant to Section 65352 from other > agencies. > (i) A capital facilities element, which shall .describe the capital > facilities required by other elements of the general plan at the time > of adoption of this element or amendment of this element or the > general plan. The capital facilities element shall include an estimate> of capital facility costs, time required to provide the capital > facilities, and the sources of funding for the capital facilities.> SEC. 5. Section 40002 of the Health and Safety Code is repealed. 40002. There is continued in existence and shall be, in every ] county, a county district, unless the entire county is included within] the bay district, the south coast district, a regional district, or a ] unified district. ] However, if only a part of the county is included within the bay ] district, the south coast district, a regional district, or a unified ] district, there is in that.part of the county not included within any ] such district a county district.] SEC. 6. Section 40003 of the Health and Safety Code is repealed. 40003. A county may be in two or more districts, but not in two or] CA AB 4242 03/09/90 Page 29 [ more county districts.] SEC. 7. Chapter 2 (commencing with Section 40100) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 8. Chapter 2 (commencing with Section 40]00) is added to Part 3 of Division 26 of the Health and Safety Code, to read: 40100. There is in each region, as defined in Section 62200 of the Government Code, a regional development and infrastructure agency board which succeeds to a].l the powers, duties, and responsibilities of county air pollution districts and all other air pollution control districts and air quality management districts established in this part. Any reference to any of these districts in this part shall be deemed to mean the regional development and infrastructure agency board. SEC. 9. Chapter 3 (commencing with Section 40150) of Part 3 of Divisxon 26 of the Health and Safety Code is repealed. SEC. 10. Chapter 4 (commencing with Section 40200) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 11. Chapter 5 (commencing with Section 40300) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 12. Chapter 5.5 (commencing with Section 40400) of Part 3 of Divis on 26 is repealed. SEC. ]3. Chapter 9 (commencing with Section 40900) of Part 3 of Divis on 26 of the Health and Safety Code is repealed. SEC. ].4. Article 1 (commencihg with Section 13200) of Chapter 4 of Divisxon 7 of the Water Code is repealed. SEC. 15. Article 1 (commencing with Section 13200) is added to Chapter 4 of D~vision 7 of the Water Code, to read: Article 1. Regional Development and Infrastructure Agency 13200. There is in each region, as defined in Section 62200 of the Government Code, a regional development arid infrastructure agency board which succeeds to all the powers, duties, and responsibilities of regional boards under this chapter. Any reference to a regional board in this chapter shall be deemed to mean the regional development and infrastructure agency board. sec. 16. Article 2 (commencing with Section 13220) of Chapter 4 of Division 7 of the Water Code is repealed. SEC. 17. No reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for' costs mandated by the state pursuant to this act. It is recognized, however, that a lOcal agency or school district may pursue any remedies to obtain ,j CA AB 4242 03/09/90 Page 30 reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law. 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. END OF REPORT In bill text, brackets have special meaning: < > contains added text, and [ ] contains deleted text. JOl2~r POWERS AGREEMENT FOR A UNIFIED SAN JOAQUIN VALLEY AIR BASIN AUTHORITY THIS AGREEMENT, which shall be effective upon the ~ day of -~'Q n ~,~, ,199__0 between and among the Air Pollution C~ntrol Districts of Fresno, Ke~, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare Counties (hereafter collectively referred to as "Districts"), all parties being political subdivisions of the State of California, hereby enter into this agreement; WI_TN E S S E_TH: WI-IEREAS, in January, 1971 the San Joaquin Valley Basinwide Air Pollution Control Council was formed pursuant to former Chapter 7 (commencing with section 39270) of Part 1, Division 26 of the Health and Safety Code which required that, where there was not a single district with boundaries coterminous with those of an air basin, local fi'uthorities must establish a basinwide air pollution control coordinating council; and WHEREAS, those statutes were repealed in 1975 and replaced by Health and Safety Code section 40900 which continued in existence a basinwide air pollution control council consisting of one member from each district board included within the air basin; and WHEREAS, with the passage of the 1988 California Clean Air Act, and the recognition that ozone and PM-10 are basinwide air pollution problems, there is an urgent need to provide for a more effective and regional program to control air pollution in the San Joaquin Valley; and WHEREAS, the Districts have a compelling and mutual interest in developing and coordinating effective air pollution control strategies for the entire San Joaquin Valley air basin; and WHEREAS, the Districts are authorized by California Health and Safety Code section 40150 et seq. and Government Code section 6500 et seq. to jointly exercise their common powers to regulate air pollution sources in the San Joaquin Valley through the use of uniform rules and enforcement practices; and WHEREAS, the Districts desire to establish a regional regulatory authority with the ability to develop regional attainment plans, common planning criteria and uniform permitting and enforcement procedures; NOW, TI-~REFORE,' the District for and in consideration of the mutual promises and agreements herein stated and the performance thereof, and for other valuable and adequate consideration, do hereby promise and agree for and on behal/of themselves and their successors in interest as follows: 1. ~. The purpose of this Agreement is to enable the Districts to provide for a more' effective regional air pollution program in the San Joaquin Valley through the establishment of a regional regulatory authority with the abil/ty to develop reg/onal atta/mnent plans, common planning criteria and uniform permitting an~. enforcement procedures for ail the Air Pollution Control Districts within the ah' basin. 2. FORMATION. Upon the effective date of this Agreement, there is hereby establ/shed the Unified San $oaquin Valley A/r Basin Authority (hereafter the "Authority") pursuant to the provisions of Article 1, Chapter $, Division ? of Title I of the California Government Code commencing w/th section 6500 (hereafter the "Act"). 3. GOVERNING BOARD. A. ..Membership of Governing Board. The governing Board of the Authority shall consist of eight (8) members and shall be comprised of one (1) member of the Air Pollution Control Board of each of the Districts. Each member shall be appointed by their respective Air Pollution Control Board and shall serve at the pleasure of the appointing Board. Termination of a member's status as an Air Pollution Control Board member shall constitute automatic termination of that person's membership on the Authority. The appointing Board may appoint a new member or alternate immediately upon the occurring of any vacancy in that party's representation. The Board of each party shall appoint an alternate member to the Authority. During the absence of a regular member from any meeting of. the Authority that member's alternate shall be entitled to participate in all respects as a regular member of the Authority. B. ~. The governing Board shall hold at least one (1) regular meeting each calendar quarter. Ail meetings shall be scheduled and conducted pursuant to the provisions of the Ralph M. Brown Act (Gov. Code section 54950 et seq.). A minimum of five (5) members shall constitute a quorum for the transaction of business, and the affirmative vote of at least five (5) members shall be required for the approval of any action taken by the governing Board. The secretary of the Authority shall keep minutes of all meetings of the governing Board and shall, as soon as possible after each meeting, forward a copy of the minutes to each member of the governing Board. An approved copy of the minutes shall also be sent to the California Air Resources Board. 2 C. Officers. The governing Board shall select a chairman, vice- chairman and any other necessary officers as determined by the Board. The treasurer of the Authority shall be the person who shall from time to time, be acting as the treasurer for the County of ~-;',-e.~ The chairman shall preside at all Authority meetings and shall appoint the membership to any committees as needed. The vice-chairman shall act in the place of the chairman at meetings should the chairman be absent. All officers shall serve for a term of one (1) Year and shall assume their offices at the first meeting of each calendar year. Officers or persons who have charge of or who handle or have access to any property of the Authority shall file an official bond in the amount fixed by law. The Authority shall have the power to appoint such other officers as may be deemed necessary. 4. POWERS OF THE AUTHORITY. The Authority shall have and shall exercise powers common to the Districts and shall develop and coordinate regional air pollution control strategies and procedures as follows: A. Develop regional attainment plans, common planning criteria and unifor[n~ permitting and enforcement procedures; B. Employ agents, consultants, advisors, independent contractors and employees, including but not limited to an administrative officer as the chief administrator of the Authority and a secretary, and contract for professional services. The administrative officer, secretary and other persons engaged shall receive compensation as may be determined and approved annually by the Authority; C. Make and enter into contracts; D. Acquire, hold and convey real and personal property; E. Incur debts, obligations and liabilities; F. Accept contributions, grants, or loans from any public or private agency or individual, or the United States or any department, instrumentality', or agency thereof, for the purpose of financing its activities; G. Invest money that is not needed for immediate necessities, as the governing Board determines advisable, in the same manner and upon the same conditions as other local entities in accordance with section 53601 of the Government Code; H. Reimburse Authority members the actual amounts of their reasonable and necessary expenses incurred in attending the meetings of the Authority of any committee of the Authority and in performing the duties of their office; 3 I. Sue and be sued; and $. Do all other acts reasonable and necessary to carry out the purpose of this Agreement. Such powers shall be exercised in the manner provided by the Act, and except as expressly set forth herein, subject only to the restriction upon the manner of exerddng said powers as is imposed upon or effected upon the Districts/n the exercise of similar powers. Notwithstanding the general/ty of the foregoing, the Authority shall have no power to bind any of the Districts to any monetary obligation whatsoever by th/s Agreement other than expressly authorized by the mutual written consent of the Districts. The Authority shall be strictly accountable for all funds received, held and disbursed by it. 5. ADMINISTRATIVE OFFICER. The administrative officer shall be selected by, and shall serve at the pleasure of and upon the terms prescn'bed by the Authority, and shall perform such duties as the Authority shall require in carrying out the policies and directives of the governing Board. · 6. DUTIES AND RESPONSIBILITIES OF THE AUTHORITY. A. Rules. The Authority shall develop and adopt rules and regulations for the entire San Joaquin Valley air basin that shall be binding on the members to this Agreement as authorized by law. B. ]Enforcement. The Authority shall develop un/form enforcement procedures including, but not limited to, a uniform schedule' of settlement fees. The Authority shall also develop audit and review procedures to assist in ensuring compliance by each of the Districts with the established enforcement procedures. C. Planning. The Authority shall develop and adopt all air quality plans required by Federal and State law for the air basin. D. Permitting. Processing of authorities to construct and permits to operate shall be based on uniform permit processing guidelines, which shall be developed and maintained by the Authority. ]E. ]Environmental Impact Repons. Projects proposed in the San Joaquin Valley with regional impacts shall be forwarded to the Authority for comments. The Authofity's comments shall be forwarded to the appropriate planning agencies and Boards of Supervisors. 4 F. The Authority shall also perform various other functior~ and duties including, but not limited to, the following: (1) Review, revise and approve implementation plans for air pollution control as required; (2) Review, approve or comment on subvention applications as required; and (3) Review local, state and federal legislation, programs, etc., and provide comments as matters dictate. 7. FINANCING. A. Funds shall be derived and supplied by each Control D/stria through state subvention funds, federal grants, or other available sources. The Authority shall also apply for available state or federal funds and shall make new and additional applications from time to time as appropriate. The Authority may also establ/sh and collect various fees for serv/ces provided by it. B. F, ach District shall be assessed an annual charge for the operation of the Authority at the rate of seven (7) cents per capita for all persons residing with/n their respective district. Said charge shah not apply to those persons not residing within the San $oaquin Valley air basin. The population figures used to calculate said charge shall be the same as that used by the State Air Resources Board for their subvention program. C. Each District shall pay the above-stated charge on or before September 30, 1990 and on or before September 30th every year thereafter. The ma~mum reserves which may be accumulated by the Authority shall not exceed one (1) cent per capita. D. If the funds collected from the annual charge specified in subparagraph B above are not sufficient to cover the expenses and obligations of the Authority, a supplemental charge may be assessed each member to cover such expenses, provided such charge is unanimously approved by all Authority members. In addition, the amount of the annual charge assessed each District may be changed upon unanimous approval of all Authority members. E. All expenditures of Authority funds, from whatever source received, shall be approved by the governing Board. F. Should any jud/ment be recovered against the Authority for injur~ caused by negl/gence or wron//'ul act or omission occurring in the performance of this $oint Powers Agreement, said jud/;ment shall be apportioned by the parties to this Agreement on a pro rata basis as indicated in paragraph 7.B. 8. TECHNICAL ADVISORY COMMITTEE (TAC). A. Membership and Duties. The TAC members shall be the Air Pollution Control Officer from each District or his designated representative, and any other representatives from various agencies as approved by the governing Board. The members shall serve at the direction of the Authority. B. Officers and Duties. (1) Chairman: The chairman shall preside at all TAC meetings and appoint members to subcommittees as needed. (2) Recorder: The recorder shall act in the place of the chairman at meetings should the chairman be absent. He shall also keep a record of the proceedings. C. Term in Office. All TAC members shall serve at the pleasure of their respective Districts. All officers shall be elected to serve for a term of one (1) year. The incoming officers shall assume office at the first meeting of each calendar year. D. Meetings. Regular meetings shall be held bimonthly (six (6) per year). Special meetings shall be held as necessary to fulfill the directives of the Authority. E. Exoenses. All expenses incurred by the TAC or any other committee members may be presented to the Authority for approval and payment. 9. CITIZENS' ADVISORY BOARD (CAB'). A. Membership. There shall be twenty-four (24) CAB members which shall be appointed as follows: (1) A city selection committee representing the incorporated cities within each District shall select one (1) member from within their District 6 (2) The Air Pollution Control Boards from each of the Districts shall select two (2) members, with one such member representing industry or agriculture and the other representing environmental interest groups. B. Term and Duties. The initial member selected by each city selection committee shall serve for a term of one (1) year. The initial two (2) members selected by each District Board shall serve for terms of two (2) and three (3) years respectively. All subsequent appointments shall be for a term of three (3) years. The CAB shall meet no less than semi-annually for the purpose of facilitating public input relating to the actions and decisions of the Authority, and to assist the Authority in effectuating the purposes of this Agreement. Ail CAB members shall be notified of all rule workshops within their respective districts. 10. BOND REOUIREMENTS. The administrative officer and such other employees of the Authority as may be designated by the governing Board, shall file with the Authority an official fidelity bond in a penal sum determined by the Authority as security for the safekeeping of Authority property entrusted to such employee. Premiums charged for such bonds shall be paid by the Authority. ~11. LIMITATION ON FISCAL OBLIGATIONS AND PARTIES' ~LIABILITY.~ Notwithstanding the general powers of the Authority set forth in paragraph 4 of this Agreement, the Authority shall not incur any financial or contractual obligations unless it has already obtained sufficient funds or a binding commiunent for funds to pay for the full cost of said obligations. The Authority shall specify in all contracts for purchase of goods and services that respons~flity for payment is that of the Authority and not of any of the parties to this Agreement. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the parties to this Agreement or of any of them. 12. SUCCESSORS. This Agreement shall be binding upon and shall enure to the benefit of the successors of the parties. 13. WITHDRAW~ OF A PARTY. A party may, at any time, withdraw from this Agreement following ninety (90) days notice to the Authority and all of the members thereof, by resolution of intent to withdraw adopted by the Air Pollution Control Board of the withdrawing party. Upon the effective date of such withdrawal, such member shall cease to be bound by this Agreement, including any provision relating to the furnishing of anything or payment of any funds to or on behalf of the Authority, excepting obligations theretofore incurred. Authority assets representing any accumulated capital contribution of the withdrawing party shall remain subject to Authority control, depreciation .and use without compensation to the withdrawing party until termination of this Agreement and the distribution of Authority assets. 14. TERMINATION AND DISSOLUTION. This Agreement shall remain in fore~ and effect without specific term' until such time as a majority of the members shall agree upon the termination thereof. If this Agreement is terminated, all real and personal property owned by the Authority shall be distributed to the federal, state or local funding agency or party to this Agreement that supplied the property or whose funding provided for the acquisition of the property. Should the ori~/n of any real or personal property be undeterminable, that property shall be disbursed to the part/es to this Agreement in the same proportion as contn'butions were made by the pan/es in support of the Authority. This Agreement shall not terminate until all property has been distn'buted in accordance w/th this provision. 15. RETURN OF SURPLUS FUNDS. Upon termination of this Agreement any surplus money on hand shall be returned to the federal, state or local agency or the party to this Agreement that provided the funds. 16. ADDITIONAL MEMBERS, Any public agency which has a common power as set forth in this Agreement, may join the Authority by executing this Agreement and agreeing to abide by the terms thereof, provided, the governing Board, by a two-thirds (2/3) vote, consents to the new public agency joining the Authority. The governing Board shall prescribe the amount of money that shall be deposited by the new public agency as a prerequisite to its becoming a member. The membership of the Authority and the requirements of a quorum shall be deemed amended upon the effective date of such new membership. 17. AMENDMENTS. This Agreement may be amended by a written amendment unanimously approved by the governing Board. 18. SEVERABILITY. Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the Agreement which the parties intended to enter into in the first instance. 19. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument. 20. INDEMNIFICATION. The Authority shall indemnify, defend, and save harmless the Districts and Counties, their officers, agents and employees, from and against any'and all claims and losses whatsoever occurring or resulting to persons, firms or corporations furnishing or supplying work, services, materials or supplies to the 8 Authority in connection with the performance of this Agreement, and, except as expressly provided by law, from any and all claims and losses accruing or resulting to any person, firm or corporation, for damage, injury or death arising out of or connected with the Authority's performance of its obligations under this Agreement. 21. ~..~. Prior to employing personnel, and before acquiring or util/zing equipment or property under this Agreement, the Authority shall obtain at its sole cost and expense, at least the following insurance policies which shall be kept in full force during the entire period of this Agreement: A. Comprehensive General Liability insurance on an occurrence policy form in an amount of not less than one million dollars ($1,000,000). B. Automobile Liability insurance for owned and nonowned vehicles in an amount not less than one million dollars ($1,000,000). C. Workers' Compensation insurance in accordance with the California Labor Code. Said insurance coverage shall be obtained from commercial insurance carriers and shall provide coverage for all officers, employees and agents of the Authority. In addition, the parties hereto shall be named as additional insureds, and said insurance shall be primary. Premiums shall be paid from Authority funds. Said coverage shall provide for thirty (30) day notices prior to the effective date of cancellation, and the Authority shall notify all parties promptly upon receipt of such notice. Further, the Authority shall, except when contracting with a governmental entity, require these policies in all its contracts for work or services and shall specify that the Authority and its respective Districts be named as additional insureds. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof. This Agreement shall be effective as of the date and year first written above. ATTEST: FRESNO COUNTY AIR POLLUTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By By. Chairman, Air Pollution Control Board "Fresno" ATTF_.%'r:, KERN COUNTY AIR POLLUTION CONTROL Secretary to th~ Air DISTRICT , /~.-~: ~,.. Chairman, ~Poll~on Control Board ATTEST: KINGS COUNTY AIR POLLUTION CONI~OL Secretary to the Air DISTRICT Pollution Control Board By By " Chairman, Air Pollution Control Board "Kings" ATTEST: MADERA COUNTY AIR POI ~I~UTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By. By. Chairman, Air Pollution Control Board "Madera" ATTEST: MERCED COUNTY AIR POI.I .UTION CONTROL secretary to the Air DISTRICT Pollution Control Board By By Chairman, Air Pollution Control Board "Merced" 10 ATTEST: SAN JOAQUIN COUNTY AIR POLLUTION Secretary to the Air CONTROL DISTRICT Pollution Control Board By. By. Chairman, Air Pollution Control Board "San Joaquin" ATTEST: STANISLAUS COUNTY AIR POt .I.UTION Secretary to the Air CONTROL DISTRICT Pollution Control Board By ~- By Chairman, Air Pollution Control Board "Stanislaus" A'I'rE.ST: TULARE COUNTY AIR POLLUTION CONTROL Secretary to the Air DISTRICT Pollution Control Board By, By. Chairman, Air Pollution Control Board "Tulare" llot)24.agr 11 GEARY TAYLOR scow JONES COUNTY ADMINISTRATIVE OFFICER Director of Budget & Finance MARY WEDDELL ' JOEL HE1NRICHS Assistant County Administrative Officer Director of Policy Analysis & Intergovernmental Relations ROBERT SEVERS Ernployee Relations Officer COUNTY ADMINISTRATIVE OFFICE January 16, 1990 Board of Supervisors County of Kern Kern County Civic Center Bakersfield, California LEGISLATION PROPOSED FOR SPONSORSHIP BY KERN COUNTY IN 1990 Several proposals have been received from County departments requesting legislation be sponsored by the Board in 1990. Legislation proposed for sponsorship is summarized as follows: Addition to the Health and Safety Code to authorize air pollution control districts to obtain emissions information from non-permitted sources. Amend the Health and Safety Code to increase the maximum population requirement for districts to allow a single hearing board member to grant one additional thirty day interim variance. Amend the Health and Safety Code to increase the maximum population requirement for districts to allow the air pollution control board increased flexibility in the appointment of members to the hearing board. Amend the Health and Safety Code to define authority for local EMS agencies and county boards of supervisors to administer all aspects of local EMS systems. Amend the Government Code to permanently exclude payments made through a flexible benefits plan from retirement contribution calculations. Amend the California Administrative Code to include orthodontic treatment as a Medi-Cal covered benefit for children who are dependents of the court due to abUSe or neglect. Addition to the Welfare and Institutions Code to recognize a difference in beginning date of aid for children for which the state mandates protection. Addition of an appropriation of funds to be allocated to Kern County to resolve Shafter area water problems. Addition to 'the Government Code to establish a fund earmarked for construction of a regional crime laboratory in Kern County based on a $1 penalty assessment. 1415 Truxtun Avenue, Room#704 BAKERSFIELD, CALIFORNIA 93301 (805) 86i ',;': Board of Supervisors January 16, 1990 Page 2 For each of the proposals summarized above, attached is an explanation of the issue, the specific legislative amendment, and a draft resolution requesting Kern County's legislators to carry the legislation on behalf of the Board of Supervisors. IT IS RECOMMENDED the Board approve County sponsorship of the above described legislative proposals, adopt the resolutions requesting Kern County's legislators to introduce the legislation, and direct the County Administrative Officer to transmit the requests for legislation to the appropriate legislators and take necessary follow-up action. Sincerely, GT/ES/ce/propleg Attachments cc: Air Pollution Control District Community Development County Counsel District Attorney EMS Environmental Health Human Services Resource Management Agency Retirement Administration AUTHORrlY TO OBTAIN EMIgSIONS INFORMATION FROM NON-PERMITtED SOURCES Code to be Added - Health and Safety Code Section 40701(g) Statement of Problem The Air Pollution Control District is unable to obtain emissions information from non-permitted sources. Discussion - In efforts to develop accurate emissions inventories for planning activities and to comply with the California Clean Air Act, it is necessary to obtain emission information from all sources of pollution within the county. However, the District does not have an emission inventory for certain exempt equipment, such as internal combustion engines used to pump water in agricultural operations or certain permit-exempt oilfield equipment. Unless the owner of a source is cooperative, emission data can be difficult to obtain. Cost Impact - None. Other Counties' and State's Reaction - This is a statewide problem. It is anticipated other counties would support. .Cll_.aIlg.~J~ - Add to Health and SafetyCode Section 40701: (e) To require from any owner or operator of any air pollution emission source, the collection and/or disclosure of such data necessary to reveal the nature and/or extent of air pollutant discharges. BEFORE THE BOARD OF SUPERVISORS COUNTY OF KERN, STATE OF CALIFORNIA REQUEST FOR LEGISI.~TION TO ADD SECTION 40701 TO THE HF.~&TH AND SAFETY COD£ RESOLUTION Section 1. I~-IERFAS: The Air Pollution Conn~l Dislrict must comply with requ/rements of the California Clean Air Act; and WHERFAS: Accurate emissions inventories from all sources of pollution are necessary for the Ak Pollution Control District to develop planning activities to comply with the Clean .Mr Act; and WHEREAS: Emissions data on certain non-perm/tied sources is not required ro be reported. Sect/on 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Kern, Sta£e of California, chat rigs Board respectfully requests the Honorable Members of the Legislature represent/rig the people of the County of Kern to inh'oduce legislauon fo add Section 40701(g) to the Health and Safety Code, as attached to this resolution,.to authonze air pollurlon control d/scriccs To obtain enfissions information from non-perm/tied sources. PROPOS_I~ ADDmON TO ttF. A~TH AND SAFETY CODE 40701. (g'} To require from any owner or operator of any air pollution enti~$ion source the collection and/or disclosure of such data necessary to reveal the nature and/or extent of air pollutant discharges. POPULATION REOUIRElV~ENTS Ri~IATING TO I~G BOARD VARIANCE£ Code to be Amended - Health and Safety Code Section 42351.5 Statement of Problem - Counties with a population less than 500,000 are allowed to have a single hearing board member grant interim variances. Kern County must alter current procedure unless the population threshold is increased. Discussion - Current State law allows for intexira variance hearings by a single hearing board member and provides for the granting of one additional thixty (30) day interim variance under specified conditions. The additional interim variance is allowed where the source requires a modification of increments of progress and where insufficient time exists for the matter to be heard by the full hearing board. In this instance, a single hearing board member in a district with a population of less than 500,000 may grant one additional thixty day interim variance as described above. Kern County's population presently exceeds 500,000. Therefore, to allow the flexibility required for implementation of the variance program in Kern County and other valley counties, the stat-ute should be amended to increase the population figure to 750,000. Cost Impact - None. Other Counties' and State's Reaction - It is anticipated counties facing the same dilemma will support. The State's reaction is unknown. ~ - Amend Health and Safety Code Section 42351.5: If a person granted a variance with a schedule of increments of progress files an application for modification of the schedule and is unable to notify the hearing board sufficiently in advance to allow the hearing board to schedule a public hearing on the application, the hearing board may grant no more than one interim authorization valid for not more than 30 days, to that person to continue operation pending the decision of the hearing board on the application. In districts with a population of less than 750.000 ~ the chairman of the hearing board or any other member designated by the board may hear such application. If any member of the public contests such a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. The intexS~-n authorization shall not be granted for a requested extension of a final compliance date or where the original variance expressly required advance application for the modification of an increment of progress. BEFORE THE BOARD OF SUPERVISORS COUNTY OF KERN, STATE OF C~LI~ORNIA R~.,,.,~ No. ~ REQUEST FOR LEGISLATION TO AMEND SECTION 42351.5 OF THE HEALTH AND SAFETY CODE RESOLUTION Section 1. WHEREAS: State law allows for inlerim variance hearings by a single hea-rmg L~a~d member; and WHERF. AS: State law also provides for the granting of one additional thirty day' variance, under specified conditions; and WHEREAS: The addirlonal interim variance is allowed where the source r~l~s~ a modification of increments of progress and where insufficient ~m.e exists for the matter ~.~ be heard by the full hearing board; and WHEREAS: Only in districts with a population less than $00,000 may a single board member grant an additional interim variance; a~d WHEREAS: Kern County's population exceeds 500,000. Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Super~sor~ t :he County of Kern, State of California, chat this Board respectfully requests the Honorable of the Legislature representing the people of the County of Kern to inD:oduce legislauon r.~ ~mend the Henlth and Safety Code, as attached to this resolution, to increase the maximum requirement for districts to 750,000 to allow a single hearing board member To c,~nt additional thirty day interim vm4.ance to maintain the flexibility required for implemen~atvon of th~ variance program. PROPOSED AMENDMENT TO HEALTH AND SAFETY CODE 42351.5 If a person granted a variance with a schedule of increments of progress files an application for modification of the schedule and is unable to notify the hearing board sufficiently in advance to allow the hearing board to schedule a public hearing on the application, the hearing board may grant no more than one inte~n authorization valid for not more than 30 days, to that person to continue operation pending the decision of the hearing board on the application. In districts with a population of less than 750,000 ~, the chairman of the hearing board or any other member designated by th~"~ar~~d~ may hear such application. If any member of the public contests such a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision. The interim authorization shall not be granted for a requested extension of a final compliance date or where the original variance expressly required advance application for the modification of an increment of progress. HEARING BOARD MEMBERSHIP Code to be Amended - Health and Safety Code Section 40802 Statement of Problem - Counties with a population less than 500,000 are allowed greater flexibility in the composition of the hearing board than counties with a population over 500,000. Kern County could have difficulty recruiting qualified hearing board members ff the population threshold is no increased. Discussion - Currently the membership of a district's hearing board is established by law and consists of one attorney, one engineer, one medical professional (generally a doctor) and two public members. If a district with a population of less than 500,000 is unable to recruit an individual with the specified qualifications, the air pollution control board can appoint any public member to the hearing board to fill that "difficult to fill position." Kern County's population Presently exceeds 500,000. To avoid any potential future vacancies on the districfs hearing board, the statute should be amended to increase the maximum population requirement to 750,000. Cost Impact - None. Other Counties' and State's Reaction - It is anticipated counties facing the same dilemma will support. The State's reaction is unknown. Change in Law - Amend Health and Safety Code Section 40802: If the district board, in the case of a district with a population of less than 750.000 ~::~ '.'.' , is unable to appoint a person with the qualifications specified in Section 40801 who is willing and able to serve, and for that reason a vacancy exists on the hearing board, the county district board may, in order to fill that vacancy, appoint any person to the hearing board. BEFORE TH~ BOARD OF SUPERVISORS COUNTY OF KERN, STATE OF c~Ln~oRNIA tu the mannr ~. l~mlutm No. a,d.,~ No. REQUEST FOR LEGISLATION TO AMEND SECTION 40~02 OF THE HEALTH AND SAFETY' CODE I, SUE LASITER, S~ , ~ d~y~~~~Su~ac ~o~ A~S: NOES: s~ ~S~: RESOLUTION Section 1. WHEREAS: State law requires a dist~ct's heating board to consist of specu~ed members; and WHEREAS: In a district with a population of less than 500,000, State law allo~,~ an air pollution consol board to appoint any public member to the hearing board to fill a ~2c.~ncy in a 'difficult to fill position'; and WHEREAS: Kern County's population exceeds 500,000. Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Super'.'~.rs ,! the County of Kern, State of California, that this Board respectfully requests the Honorable Xi~mbers of the Legislature representing the people of the Coultty of Kern 'to introduce legiaLanon :., ~mend the Health and Safety Code. as attached to this resolution, to increase the maximum ,~. requirement for dismcts to 750.000 to help to avoid any potential future vacanc~ .n the district's hearing board. PROPOSEr~ AMENDMENT TO HEALTH AND SAFETY CODE 40802. If the district board, in the case of a district with a population of less than 750.000 ~ is unable to appoint a person with the qualifications specified in Section 40801 who is willing and able to serve, and for that reason a vacancy exists on the hearing board, the county district board may, in order to fill that vacancy, appoint any person to the heaxing board. LOCAL EMERGENCY MEDICAL SERVICEs AGENC~.q · Code to be Amended - Health and Safety Code 1797.204 Statement of Problem - Existing law does not define the legal authority for local EMS agencies and county boards of supervisors to administer all aspects of local EMS systems. Discussion - The Kern County EMS Depa,Uaent has been active in the development of a local EMS system. Due to the complexity of issues, limited state direction, variable legislative authority over system priorities and the complex network of EMS providers within the county, the development of the system has been burdened with controversy. Legislative authority for local EMS agencies and county boards of supervisors to resolve local EMS system issues is undefined. In 1984, in an attempt to elarifiy system development standards, the State EMS Authority issued a document entitled "EMS System Standards and Guidelines." · Unfortunately, this document only serves to define recommendations for system development and local EMS agency responsibilities, but not legislative authority. Statewide, the lack of definition has greatly effected local EMS. agencies as to the appropriate administration and development of local EMS systems. Significant issues within Kern County, such as ambulance ordinances, EMS dispatch, emergency and non-emergency ambulance transportation, rate regulation, exclusive opera,rig areas, and incorporated cities versus counties, have required several other counties to face court challenges. However, all of these issues must be dealt with to improve delivery of performance in a cost effective manner. Legislation to define authority for local EMS agencies and county boards of supervisors to administer all aspects of local EMS systems is needed. Legislation should specitieally authorize local EMS agencies and county boards of supervisors to administer the areas of ambulance ordinances, exclusive EMS provider operating areas, EMS dispatch systems, emergenCy and non- emergency ambulance transportation, and rates for service regulation within incorporated cities and unincorporated areas of a county. Cost Impact - The proposed legislation only promotes a definition of authority for local EMS Departments which should have no significant cost impact. However, significant cost could occur if the definition in the California Code of Regulations was based on minimum system development standards. This proposal is not recommending minimum system development standards. Other Counties' and State's Reaction - The issues facing Kern County are also' effecting other counties and their EMS depamnents. It is anticipated other counties will support this proposal. The State's reaction is unknown. Change in Law - Amend Government Code Section 1797.204: The local EMS agency shall adminiSter, plan, implement, re_eulate, modify, and evaluate the ~ emergency medical services system within the EMS system components or: manpower and training~ communlcationsl transportationl data' collection and evaluation~ assessment of hospitals and critical care centers~ public information and education; disaster response; and system organization and management. The local EMS agency of the county or region shall be the regulatory authority for cities and unincorporated areas of the county or region. The State EMS Authority shall maintain standards and guidelines which define local EMS agency authority and scope to administer the EMS system components within,the county or re_~io ~~ BEFORE Tl~ BO~D OF SUPERVISORS COUNTY OF KERN, STATE OF C,&I.Ili'ORNIA l~m~ No. REQUEST FOR LEGISLATION TO AMEND SECT[ON 1797.20~ OF THE HEALTH AND SAFETY CODE Supermor AYES: NOES: ~S~: RESOLUTION Section 1. WHEREAS: The Cour~ty of Kern EMS Department has been active in the development of a local EMS system; and WHEREAS: State law i~ undefined for local EMS agencies and county boards of supervisors to resolve local EMS system i~ues; and WHEREAS: ~ lack of defufition ha~ greatly effected local EMS agencies as to the appropriate admiai~u~afi°n and development of local EMS system~. Section 2. NOW, TH£REFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the Couaty of Kern, State of California, that this Board respectfully requests the Honorable Members of the Legislature representing r~e people of the County of Kern to introduce legislation to amend the Health and Safety Code, as a~ached to th~ resolufio~ to define the authority for local EMS agencies and coumy boards of supervisors to administer ail aspects of local EMS systems. ResS PROPOSED AMEND~ TO HEALTH AND SAFETY CODE 1797.204 The local EMS agency shall administer, plan, implement, re_etflate. modifv, and evaluate the ~ emergency medical services system within the EMS system components of: manpower and training; communications; transportation; data collection and evaluation; assessment of hospitals and critical care centers; public information and education; disaster response; and system organization and management. The local EMS agency of the county or region shall be the regulatory authority, for cities and unincorporated areas of the county or region. The state EMS Authority shall maintain standards and guidelines which define local EMS agenw authority and scope to administer the EMS system eomponenr.u within the county or ~egion}~...~.:i ...... ' ~li .............. ' "'~' ............. ~~~"'"' ~" ..~ FLEXIBLE BENEFITS EXCLUDED FROM "COMPENSATION EARNABLE" FOR RETIREMENT CONTRIBUTION C~LCIJI~TIONS .Code to be Added - Government Code Section 31460.1 Statement of Problem - Payments of flexible benefits are not specifically named as being excluded from compensation for retirement contribution calculations. " Discussion, The County provides a flexible benefits plan to its confidential and management personnel and may in the future provide a substantially similar plan to the general and safety members. The plan is structured so that an affected employee may choose either a non-cash option or a cash option. Pursuant to Government Code Section 31460, the non-cash options do not constitute "compensation because they are-not remuneration paid in cash out of county or district funds." Pursuant to the discretion provided in Government Code Section 31461, the Board of Retirement of the Kern County Employees' Retirement Association has determined that the flexible benefits paid in cash shall be excluded from "compensation eamable" because persons working in the same classification, some choosing cash and others non-cash options, would otherwise receive different amounts of compensation, creating administrative and actuarial problems and making a determination of "average compensation" virtually impossible. Therefore, legislation is needed to permanently exclude payments made through a flexible benefits plan from retirement conn-ibutions. Cost Impact - None. Other Counties' and State's Reaction - As the proposed statute would effect only those counties that adopt a resolution to make the provisions of statute applicable, no reaction from other counties and the State are anticipated. Change in Law - Add to Government COde Section 31460.1: 31460.1. Exclusion of flexible benefits program payments. Compensation shall not include pavmeIlt~ made by employers to or on behalf of their employees who have elected to be covered by a flexible benefits program, where those payments reflect amounts that exceed their employees' salaries. This section shall not be operative i~ any county until such time as the board of supervisors shall, by resolution adopted by a majority vote, make the provisions of this section applicable in such county, BEFORE Tl~ BOARD OF SUPERVISORS COUNTY OF KERN, STATE OF c~Ln~ORNIA In r~ mu~ o~. R~olmtm No. R~,,--~'~ No. REQUEST FOR LEGISLATION TO ADD SECTION 31460,1 TO THE GOVERNMENT CODE I, SUE LASITER, A~S: NOES: s~ ~S~: D~ RESOLUTION Section 1. WHEREAS: The County of Kern provides a flexible benefits plan personnel and may, in the future, provide a similar plan to ail County personnel; and WHEREAS: The plan is structured to allow the employee to choose either a ~, cash option; and WHEREAS: Persons working in rite same classification, some choosing cash non-cash options, would receive different amounts of compensation, crealing admxmsrr~:.. · actuarial problems and making a determination of average compensation virtually the calcxdarlon of recu'emem contributions. Section 2. NOW, THERE. FORE. BE IT HEREBY RESOLVED by the Board of Supe.'~:. County of Kern, State of C.iL~Iorrua. that r. his Board respectfully requests the Horlorab,e of the Legislature representing the people of the Colmty of Kern to intxoduce legma,';, Section 31460.1 to the Government Code, as attached to this resolution, to permancm., payments made through a fleXable benefits plan from retirement contributions ac such board of supervisors, by resolution, make the proViSions of the section applicable. Res4 PROPOSED ADDITION TO GOVERNMENT CODE 31z[60.1. Exclusion of flexible benefits program payments. Compensation shall not include payments made by employers to or on behalf of their employees who have elected to be covered by a flexible benefits program, where those payments reflect amounts that exceed their employees' salaries. This section shall not be operative in any county until such time as the board of supendsors shall, by resolution adopted by a majority vote, make the provisions of this section applleable in such county. ORTHODONTIC TREATMENT FOR DEPENDENTS OF ~ COURT Code SeCtion to be Amended - Title XXII of the California Administrative Code, Medi-Cal Reimbursement · Statement of Problem - Under existing regularlons, Medi-Cal benefits do not include orthodontic treatment for cosmetic purposes. Medi-Cal is the only health care program available for children who are dependents of the court due to child abuse or neglect. Therefore, at rimes these children go without needed orthodontic treatment. Lack of orthodontie treatment when needed may result in feelings of low self-worth, ridicule by other children or possibly more serious health problems later in life. Cost Impact - C~li¢ornia has approximately 60,000 dependents of the court However, only a fraction of this number would have orthodontic pr°blems, therefore, an eXact dollar amount is unknown. The average cost per child for orthodontic treatment is estimated to be approximately $2,500. Other Counties' and State's Reaction - Counties are anticipated to support the proposal. The State is anticipated to oppose the proposal due to the increased cost to Medi-Cal. Change in Law - Include orthodontic treatment as a Medi-Cal covered benefit for children who are dependents of the court due to abuse or neglect. BEFORE ~ BOAteD OF SUPERVISORS COUNTY OF KERN, STATE OF C~Lr~ORNIA In ~ matt~ off. R~olm~m No. a,~,-.~ No. REQUEST FOR LEGISLATION TO AMEND TITLE XXII OF THE CALIFORNIA ADMINISTRATIVE CODE I, SUE Su~ A~S: NOES: ~SE~: RESOLUTION Section 1. WHEREAS: Exisfin$ Medi-Cai regulatiom do not allow orthodontic ~eau~ent for cosmerlc purposes; and WHEREAS: Medi-Cal is the only health care program available for ckildren who are dependents of the court due to child abuse or neglect; and WHEREAS: At times, these children go without needed orthodontic treatment. Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Super~%ors of the County of Kern, State of California, that this Board respectfully requests the Honorable .%lembers of the Legislat'uxe representing the people of the County of Kern to introduce legislation to amend the California Admmisu-ative Code to include onhodomic treatment as a Medi-Cal covered benefit for ckildren who are dependents of the court due to abuse or neglect. Res7 FOSTER CARE PAYMENTS Code Section to be Added - Welfare and Institutions Code 11401.5 Statement of Problem - When children are placed in foster care due to abuse or neglect, foster parents must be paid from the date the child is placed in their house, ff AFDC cannot be authorized on the same date the child is placed, the county must pay the foster Parent until AFDC-FC is authorized. Discussion - Welfare and Institutions Code Section 11056 and State regulations require that the beginning date of aid for all AFDC programs be the date of authorization by the agency which processes applications, or the first of the following month. State law mandates that counties take into custody abused and neglected children OV&I Code Section 306). In addition, State law imposes an obligation upon the counties to care for the children takenVinto protective custody. State law and regulations which deal with the beginning date of aid for the AFDC programu make no special provision for' foster care children (AFDC- FC). The determirmtion of eligibility for AFDC-FC is a time consuming process. The documentation required is often difficult to obtain because the parents are often uncooperative or absent. Additionally, counties must prepare an investigation report and a petition to the Juvenile Court. These requirements are in addition to those required of the regular AFDC programs. Processing foster care applications can range from a few days to several weeks. Meanwhile, due to the requirements of State law 'and regulations, and the lack of a provision recognizing a different beginning date of aid for abused/neglected children in foster care, counties must bear the initial cost of caring for these children. An amendment to W&I Code Section 11401 is needed to recognize a difference in the beginning date of aid for children for which the State mandates protection. Cost Impact - An estimated annual costs savings of $6,000 to $10,000 would be realized. Other Counties' and State's Reaction - Counties are anticipated to support this proposal. The State would most likely disagree due to increased State costs. Similar legislation has been introdUced in the past (1987 - AB 342, 1988 - AB 3806) and has failed. Change in Law - Add to Weffare and Institutions Code Section 11401.5: Be_~nning Date of Aid. When application is made for a child under Aid to Families with Dependent Children - Foster Care, ~h¢ beginning date of aid shall be the date of Placement. ~: -' BEFORE Tl~ BOARD OF SUPERVISORS COUNTY OF K"~, STATE OF C~L~ORNIA In o,. matra' of: R~solmtoa No. ~No. REQUEST FOR LEGISLATION TO ADD SECTION 11401.5 TO THE WELFARE AND UNSTITUTIONS CODE I, SUE LAS1TER, Cl~ of th. ~-d o~$ul~mt"~ of tl~ Co~7 o~ Stm o~ ~~ Su~ ,~d~y~~~~Su~lt ~o~ A~S: NOES: s~ ~ ~ ~ ~ ~ of ~u~ c~ ~ ~ sram of ~ ~S~: RESOLUTION Section 1. WHEREAS: State law and regulations which deal with the beginning date . ,f AFDC programs make no provision for children placed in foster care due to abuse or neglect M:DC- FC); and WHEREAS: Detemfination of eligibility for AFDC-FC is a time.consuming prc~'e,s, and WHEREAS: Foster parents must be paid from the date a child is placed tn thetx home; and WHEREAS: Counties must bear the initial cost of earing for these cMldren. Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Super.:s..~s ,f the County of Kern, State of CalLfomia. that this Board respectfully requests the Honorat,,e '.!~mbers of the Legislature representing the people of the County of Kern to introduce [eg~l.~r:. :. ' , add Section 11401.5 to the Weifare and Institutions Code, as attached to this resolunon.: . :..: ¢ruze a difference in beginrdng date of aid for children for which the State mandates pr. Ir,. ': n. Res6 PROPOSED ADDITION TO WELFARE AND INSTITIYrIONS CODE 11401.5 Beginning Date of Aid. When application is made for a child under Aid to Families with Dependent Children - Foster Care, the beginning date of aid shall be the date of placement. APPROPRIATION OF FUNDS TO RESOLVE SHAYI~R AREA WATER CONTAMINATION AND SUPPLY PROBLEMg Code Section to be Added - Government Code Statement of Problem - Water contamination and supply problems in the Shafter area. Discussion - The City of Shafter and the rural unincorporated area around the City of Shafter, is served by a large water system operated by the City and twenty-six (26) small community water systems. The remainder of the unincorporated area of Shafter is serviced by individual private domestic wells. In 1979, the North Shafter area was identified by a groundwater quality study as a nitrate problem area due to the widespread occurrence of groundwater which contained an excessive level of nitrates. Currently, the water produced by nine of the twenty-six small community water systems contains nitrates in excess of the maximum contaminant level (MCL) set forth in the California Code of Regulations, Title 22. Twenty-three of the systems exceed the nitrate maximum contaminant goal (MCLG) established by the Environmental Protection Agency (EPA). Initial monitoring for the occurrence of Dibromochloropropane (DBCP) in the small water systems began in 1980. No detectable levels of DBCP were found at that time. However, by 1985, the water from three small public water systems was found to be contaminated with DBCP at levels above the State "action level" of 1.0 part per billion (.ppb). At that time, an "action level" was an interim level established by the State Depa,m~ent of Health Services, which based on available scientific information, provided an adequate margin of safety to prevent potential risks to human health. In 1989, the MCL of 0.2 ppb for DBCP became effective. The water produced by eight of the systems contains DBCP at levels which exceed the MCL. Eighteen systems exceed the MCLG of "0.0" ppb established by the EPA. The water produced by one system exceeds the MCL for Ethylene Dibromide (EDB). A total of eleven small water systems exceed the MCL's for DBCP and/or EDB and/or nitrate. Twenty-four systems exceed the Environmental Protection Agency's MCLG for DBCP and/or EDB and/or nitrate. In addition, the remaining systems with no documented water quality problems are old systems which are experiencing distribution problems or are being monitored for potential quality problo_ms. County departments, in cooperation with the City of Shafter, have developed a solution to address the problem on a regional basis as opposed to resolving the problems of only those systems which currently have contamination problems. The solution involves developing a system that links all of the small water systems to the City of Shafter's water system. This would provide a safe and reliable water source and source delivery system for domestic purposes which is cost effective. The County and the City of Shaffer have exhausted all known sources of funding to solve take area's problem.. While several systems will be fimded by Farmer's Home Administration, Safe Drinking water Bond Act of 1984, Emergency Clean water Grant Fund and Community Development Block Grant, many of the systems are still without any funding source. Eight of the water systems are on the priority list to apply for funding under the Safe Drinking Water Bond Law of 1988. Although a system may be on the priority list, this does not guarantee funding. To qualify for 1988 Bond Law funding, a water s~tem must demonstrate the ability to repay the loan. However, all of the systems requiring financial assistance are located in a low/moderate income area. The possibility does exist that some of the systems may not have the ability to repay the loans. The proposed legislation will allow appropriation of funds to cover the systems which have no source of funding to correct the problem, Those systems which are on the priority list for 1988 Bond monies are also included in the legislation due to the uncertainty of qualifying for bond funds. Cost Impact - $2,150,000 would be appropriated to help resolve water contamination and supply problems in the Shafter area. Other Counties' and State's Reaction - Reaction from other counties is not anticipated. The State may object because of an appropriation of funds, Change in Law - Add to Government Code as attached. PROPOSED ADDITION TO GOVERNMENT CODE The sum of two million one hundred fifty thousand dollars ($2,150,000) is hereby authorized to provide funding to Kern County to resolve water contamination and supply problems in the unincorporated areas of Kern County near the City of Shafter, upon appropriation for that purpose. The service areas and improvements authorized by this section are as follows: a) Service area #1 which includes the Rusk Water System, Thomas Lanes Estates Water, Good Water System and Fenderson Water System. The improvements are to include water main lines in Riverside Street from Shafter Avenue to a point 3/4 mile west of Shafter Avenue and in Thomas Lane, 230 gpm peak hourly flow to 64 existing services from the City of Shafter Water System for a total cost of $361,000. b) Service area #2 which includes the Dirksen Water System, Community Well Water System, Poplar Avenue Community, Kern Junior Academy Water. The improvements are to include water main lines in Riverside Street from 1/4 mile east of Poplar Avenue to a point 1/2 mile west of Poplar Avenue and in Poplar Avenue from Riverside Street to Orange Street, 120 gpm peak hourly flow to 33 existing services from the City of Shafter water system for a total cost of $304,000. c) Service area #3 which'includes the Burgess Water System. The improvements are to include a water main line in Santa Fe Way from the Bishop Acres Mutual Water Company well at Santa Fe WaY and Loraine Lane for a total cost of $67,000. d) Service area #4 which includes Howze Water System. The improvements are to include a water main line in Beech Avenue from San Diego Street to 750 feet south of Imperial Street, 30 gpm peak hourly flow to 7 existing services from the City of Shafter water system for a total cost of $123,000. e) Service area #5 which includes Llanas Camp Four Water System. The improvements are to include a water main line in pipeline easement from Llanas Gamp south to existing water main in Tulare Avenue, 160 gpm peak hourly flow to 52 services from the City of Shafter water system · for a total cost of $250,000. f) Service area #6 which includes Maple School Water System. The improvements are to include a water main line in Fresno Avenue, 30 gpm peak hourly flow to 2 existing services from the City of Shafter water system for a total cost of $384,000. g) Service area #7 which includes Maple Village Water. The improvements are to include a water main line in Scaroni Avenue and Madera Avenue, 40 gpm peak hourly flow to 11 existing services from the City of Shafter water system for a total cost of $205,000. h) Service area #8 which includes North Shafter Farm Labor Camp. The improvements are to include a water main line in Central Valley State Highway from Fresno Avenue to the North Shafter Labor Gamp, 160 gpm peak hourly flow to 101 services from the City of Shafter water system for a total cost of $456,000. BEFORE THE BOARD OF SUPERVISORS COUNTY OF KERN, STATE OF Iu ~ mt:~r ~. a~lutim No. l~.,.~ No. REQUEST FOR LEG[SLAT[ON TO ADD AN APPROPRIAT[ON OF FUNDS TO RESOLVE WATER CONTAMINATION AND SUPPLY PROBLEMS IN THE SHAFTER AREA I, SUE LASITER, Cl~ of tl~ ~1 of su~o~ of tl~ c.~ o~ ra~ s*-m of call.~.m, do ~bX c~t~ Sul~vl~ , w~ duly ~ ~i ~t~mt 1~ md lk~t of Sulk'rich at .~ oflkt~l AYES: NOES: SU~ LASn'gR, ~ of th~ ~ of S~-~ ABSENT: RESOLUTION Section 1. WHEREAS: There are t~enty-six s-~n~ communi~ water s?~ ~ ~e unincorporated areas of Kern County near the City of Sha~ that are experiencing and/or supply problems; and WH£RF. AS: Kern County departments, in cooperation with the City og proposed linking the systems to the City of Shafter's water system to solye the unrne~ ,,, health problems due to contaminated wells as well as providing a larger, more rel,~t effective water delivery system; and WHEREAS: The County and the City of Shaffer have exhausted all kne~,~ , funding to solve the area's problem, which include Farmer's Home Administration. Water Bond Act of 1984. Emergency Clean Water Grant Fund and Commumr, · -,-n~ Block Grant; and WHEREAS: Many of the water systems are still without any flmding sour, Section 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Sup,-~-. ~- ' '?.e County of Kern, State o[ California, that this Board respectfully requests the Honors? of the Legislature represenang the people of the County of Kern to introduce le~s,~: ,dd an appropriation of funds, as attached to this resolution, for allocation to the Coum~ resolve water contamination and supply problems near the City of Shafter. Res8 REGIONAL CRIMINAL!STICS LABORATORY TEMPORARY CONSTRUCTION FUN~, Code Section to be Added - Add to Government Code Section 76155 Statement of Problem - The Regional Criminalistics Laboratory (crime lab) is in need of expansion. Other than general, discretionary funds, no funding is available. [ Discussion - The Forensics Science Division of the District Attorney's office operates the County's Regional CrLrninali~tics Laboratory. The laboratory handles the necessary lab procedures for all of the law enforcement agencies in the County. In most regions of the State, the State funds the operation of regional crime labs. However, Kern County fully funds the operations and related expenses, such as capital expenses, of the laboratory in Kern County. The laboratory is currently operating in a building which is inadequate for the size and purpose of the laboratory's functions and no funding is available to construct a new facility. As a preliminary concept to fund the laboratory, the proposed legislation would establish a fund, similar to the Courthouse Temporary Construction Fund and, the recently enacted, Juvenile Justice Facilities Temporary Construction Fund, earmarked only for the regional criminali~tics laboratory to' provide a source of revenue to fund construction of a new facility. The fund would receive $1 for every $10, or fraction thereof, for every fine, penalty, or forfeiture imposed and collected by the courts in Kern County for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted to the Vehicle Code with specified exceptions. Upon further analysis, another fee or penalty assessment might be identified which better serves the purposes identified in this proposaL However, intxoduction of the proposed legislation at this time will allow staff to begin discussion with appropriate legislators, law enforcement agencies, and other interested parties regarding our crime lab needs. Should a substantive amendment to the legislation be proposed, it will be brought back before the Board for further review. Cost Impact - Based on revenue estimates for the Courthouse Temporary Conslxuction Fund and the Juvenile Justice Facilities Temporary Construction Fund, the County could receive $700,000 annually {for ten years) to be used exclusively for the regional criminali.~tics laboratory. Prelimina~ estimates indicate that this revenue will be sufficient to consu'uct and equip a new, modern crime lab adequate for ten to twenty years. Other Counties' and State Reaction - As the amendment specifies Kern County only, no reaction is anticipated. Change in Law - Add to Government Code Section 76155 as attached. PROPOSED ADDITION TO GOVERNMENT CODE 76155. (a) Provided the board of supervisors has adopted a resolution stating that the provisions of this section are necessary to the establishment of adequate facilities for a regional crimil~:~li.etics laboratory in the county, there shall be levied with respect to the Regional Crimin~l~.~tics Laboratory Temporary Construction Fund an additional amount of one dollar ($1) for every ten dollars ($10) or fraction thereof which shall be collected together with and in the same manner ~as the assessment established by Section 1464 of the Penal Code, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, except offenses relating to parking or registration or offenses by pedestrians or bicyclists, or where an order is made to pay a sum to the general fund of the county pursuant to subparagraph (c) of paragraph (3) of subdivision (a) of Section 258 of the Welfare and Institutions Code. These amounts shall be deposited with the county treasurer and placed in the Regional Crirain~li.~ties Laboratory Temporary Construction Fund. Cb) The assessment increase imposed pursuant to this section shall continue so long as deposits · to the funds are required pursuant to subdivision (f). (e) No county, city and county, city, district, or other issuing agency shall be required to contribute revenues to any fund in excess of those revenues generated from the surcharges and assessments established in the resolution adopted pursuant to this section, except as otherwise agreed upon by the local governmental entities involved. (d) Notwithstanding any other provision of law, to assist the County of Kern in the funding of the county regional criminalisties laboratory, the board of supervisors, operative upon the adoption of a resolution stating that the provisions of this seetion are necessary to the establishment of adequate eriminali.~ties laboratory facilities in the county, may establish in the county treasury a Regional Crlminalisties Laboratory Temporary Construction Fund. Deposits shall be made to this fund as follows: The county treasurer shall place in the fund one dollar ($1) for every ten dollars ($10) or fraction thereof for every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code except offenses relating to parking or registration or offenses by pedestrians or bicyclists, or where an order is made to pay a sum to the general fund of the county pursuant to subparagraph (e) of paragraph (3) of subdivision (a) of Section 258 of the WeJ.fare and Institutions Code. (e) The fund moneys together with any interest earned thereon shall be held by the county treasurer separate from any funds subject to transfer or division pursuant to Section 1463 of the Penal Code. The moneys in the Regional Criminallstics Laboratory Temporary Construction Fund shall be payable only for construction, reconstructiOn, expansion, improvement, operation, or maintenance of the county eriminalistie laboratory. The money in the fund may be used througk any public agency funding mechanism, including, but not limited to, retirement of bonded indebtedness, loan repayments and monthly payments involving lease-purchase programs which reduce an obligation incurred in reliance upon the authority granted by this section. (f) Deposits to the fund in accordance with this section shall continue through and including the lOth year after the initial calendar year in which the assessment is collected, unless this date is extended by a later enacted statute prior to the expiration date. BEFORE T~E BO~D OF SUPERVISORS COUNTY OF KERN, STATE OF C~,Lr~ORNIA In tl~ matmr off. l~mdutim No. ~ No. REQUEST FOR LEGISLATION TO ADD SECTION 76155 TO THE GOVERNMENT CODE I, SUE A~S: NOES: RESOLUTION Secrlon 1. WHEREAS: The County of Kern operates the County's Regional Cnmmalistic Laboratory; and WHEREAS: In most regions of the State, the State funds the operation of regional crime labs; and WHEREAS: The County's laborato~r is operating in a facility which is inadequate for the size and purpose of its fanction and no funding is available to construct a new facility.. NOW, THEREFORE, BE IT tt£REBY RESOLVED by the Board of Supervisors of the County, of Kern, State of Califorma. That the Board respectfully requests the Honorable Members ,~f the Legislature representing the people of the County of Kern to introduce legislation to add Section 76155 to the Government Code. as attached to this resolution, to establish the ae~onal Cgminalistic Laboratory Temporary Construction Fund in the County of Kern. Res9