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HomeMy WebLinkAbout10/03/1991 BAKERSFIELD Patricia J. DeMond, Chair Lynn Edwards Patricia Smith Staff: Legislative: Trudy Thornton Litigation: Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION Thursday, October 3, 1991 12:00 noon City Manager's Conference Room 1. Overflights from the Bakersfield Municipal Airport 2. SCA 11 (Bonded Indebtedness) 3. Communication from George F. Gerard, City of Ing)ewood regarding the Sale of Spray Paints 4. AB 620 (Air Pollution Control) 5. EPA Clean Fuel Program 6. Current Legislative Issues 7. Set the Next Meeting 355 La Colina Dr~e In~ewood. CA 90302-3117 July 20, 1991 ~ ~_ ~L: :..~ l~' ~ .- ~_,.~,T ybT~jit y Council "'~i~ ~ Bakersfield URGENT MATTER City Hall, 1501Truxton Bakersfield, CA 92301 My dear Council Members: Seventeen months ago I wrote to my Assemblyman and State Senator to urge the passage of legislation Which would impose monetary deposits and full-face photography, upon the purchasers of spraypaint cans. To prevent pilferage the sellers of spray- paint should be required to keep numbered or otherwise identi- fiable cans in locked cabinets. I urged a deposit of $10 per can which would be placed in an interest-bearing account with a fi- nancial institution. Interest earned thereon would belong to the selling merchant to compensate him in part for his trouble. deposits not claimed by return of numbered containers within one year of purchase would revert to the State to be used in its. pro- gram to recycle materiais. Notwithstanding the fact that equipment rental companies routinely require monetary deposits, identification and full-face photography before releasing their equipment to a customer, the State Legislature has declined to get tough with the graffiti vandals, is your governmental agency going to join the Legisla- ture by sitt±ng on its hands in the face of the most widespread wa~e of deliberate property destruction (short of war) that any of us have witnessed in our lifetimes? Considering the amount of expense incurred by your governmental agency and by its tax- paying citizens to combat graffit± vandalism, can you afford, po- titically or monetarily, to ignore this opportunity to'rid Cali- fornia of its unsightly scourge? Please join with other agencies of government, businesses and ~2tXzens~ groups to compel the Legislature to act and to en- courage the Attorney General to secure an injunction against sale of spraypaint containers pending Legislative action to control their sale. The vandals are lazy and are unlikely to carry gal- lons of paint and brushes with them to perpetrate their expensire mischief in the absence of the pressurized containers. ~nv±ron- mentalists should also be enlistable, because the propellant gas is an atmospheric contaminant. Can yo~ be relied upon to act? Thank you for your attention and prompt, resolute action. At~'t. - 1 ~ully yours ~ 2I~-674-1892 ,' 355 La Co=ms Drive InF, tewood. CA 90302-3117 Ju~y 20, 1991 Attorney ~eneral Dan Lundgren RE: E~:RG~ ACT~0N TO S~ate Capitol PR~ GRAFFITI Sacramento, CA 9581~ Dear ~r. Attorney General: ~c vandalism is sweeping Los Angeles County. The S~ate's Century Freeway bridges and sound walls are being defaced faster than sandblast crews can remove ~he gan~-re_Lated graffiti. School buildings, private and public transportation vehicles, ~mnicipal light sr, andards, public utility poles,'- business and residen- tial properties are under repetitive attack. Prompt painting over of the vandal- ism is rewarded by more graffiti wi~hi_n days. Gangs try to outdo one-another.. By striking at night ~he or, mi--Is avoid arrest. Vigilante law is a real prospect. The ~llt~ d-m~ge dwarfs to insi~i6icance ~he losses to 19~h century catr. le rus~- lets who, reportedly, were often hanged or shot on sight. One young culprit lost h~s life recenr, ly, I understand, while running across a freeway after defacing it. Seventeen monrJ~s ago X urged my Legislative representatives to take vigorous ac:ion. Since r_he Legislature has failed to act to halt ~alifornia's scourge of organized vandalic, it is high rime for your office to file suit under ~he body of general nuisance laws recognized for generations. P~=e br~ :Eh ~he na~e of ~h, People of ~h, S=a~a of Califor-~- am /mj--~.ive .awc/xm -~-~-~ ~h, .ers, wholesale aimzz-lbnv~xs and rermilers of spray-p-i-t cx~T.a/mmrs for Unfortunately, the mm-ufacturers and purveyors of spraypaint have no economic incentive =o restrict to lawful uses ~he disr-ribur, ion of =heir products. Indeed, ~he economic incentives are skewed in the opposite direction by the sale of paint to property 'owners to cover repetitively the handiwork of the graffiti vandals. All the necessary elements justifying action by the At=orney General appear to be present: 1) massive, direct, negative imoac=s upon the treasuries of the State and its subdivisions; .2) statewide, con=inu~g, broadening and indiscriminm_=e assaults upon properties owned by millions of California residents; 3) advertising to Cali- fornia's tourists that our state is a lawless society; &) the decades-long failure of the Legislature to deal decisively with a pervasive, worsening scourge. After your staff has researched the relevant aspec=s of nuisance law in Cali- fornia . please write to me of your determination to rid California of the mea-.~ by which organized ~ang members and, even, the son(s) of Legislator(s) are defacing our fair s=a=e.- Vigorous act_ion by your office would confirm the faith which your supporters (including this writer) placed in you as a prospective law-and-order Attorney General just as we placed such faith previously in Mr. Deukmejian. You may confirm with Senator Robert Presley my commitment to responsible government. Thank you for your gracious attention and for your forthcoming commitment to ridding California of its scourge of graffiti vandalism. ReSpectfully yours C.- Local governments z../,/ ' ? RESOURCE MANAGEMENT AGENCY - Air Poliunon Com~ol District RANDALL L. ABBOTT . W~LUAa4 J. RODDY, APCO DIRECTOR STEVE McCALLEY. REHS, DIRECTOR TED gAMES, ^ICP, DIRECTOR AIR POLLUTION CONTROL DISTRICT '~. September 20, 1991 ._ Councilwoman Conni Brunni REilEB D.&P.U ED 0N F LE City of Bakersfield '-' Al C0UNClL MEEIING:0F 1501 Truxtun Ave .z,,,~ _~__._~/ Bakersfield CA 93301 - Dear Councilwoman Brunni: This letter is a formal request to secure the City of Bakersfield's support for the EPA Clean Fuel Program. The Program consists of 2 parts: oxygenated gasoline to reduce carbon monoxide in the wintertime, and reformulated gasoline to reduce ozone in the summertime. At the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) board meeting in Fresno on September 19, 1991, the Board directed district staff to workshop the issue and to consider comments from the refineries. Also at the meeting, Supervisor Joe Hammond asked if I had received support from the City of Bakersfield on the issue. Request you place this issue on the City Council's agenda for consideration. Attached find the district staff report and a proposed Resolution to be forwarded to the Governor. I would ask if the City of Bakersfield would consider the submission of a letter to Larry Odle, APCO, SJVUAPCD in support of this request. I am happy to make a presentation to the Council if you so desire. Sincerely, Air Pollution Control Officer (SED) .... ~' 'Asst. Air Pollution Control Officer (SIVUAPCD) WJ"R:sk Enc. 2700 "M" STREET, SUITE 275 BAKERSFIELD, CALIFORNIA 93301 (805) 861-3682 San Joaquin Valley Unified Air Pollution Control District TO: The Unified Air Pollution Control District Board FROM: staff RE: Consider Requesting participation in Clean-Fuel Requirements Proqram Date of Release: September 11, 1991 Date of Board Consideration: September 19, 1991 Project Coordinator: Bill Roddy, Kern County Zone ISSUE: · Use of reformulated gasoline to reduce reactive organic gases (ROG). · Use of oxygenated fuels to reduce carbon monoxide in selected areas. RECOMMENDATION: · Volunteer the Unified District for the Environmental Protection Agency's summer reformulated gasoline program. · Petition the Governor to position the District among the first areas for the reformulated gasoline distribution. · Volunteer the City of Bakersfield and other interested cities for the winter oxygenated fuels program. · Petition the Governor to position the San Joaquin Valley cities among the first in distribution of the oxygenated fuels program. DISCUSSION': Introduction The Environmental Protection Agency (EPA) has recently released~ regulate the use of reformulated gasoline in the summer month Lawren~ D. Odle 1~5 Wmt Shaw, Suim 1~ Phone (2~)~111 ~r Pollu~on Consol Officer Fresno, California 93~1 FAX (2~) The Unified Air Pollution Control District Board Page Two help alleviate ozone nonattainment and.oxygenated gasoline in the winter months for carbon monoxide (CO) nonattainment. A few cities in the San Joaquin Valley. (SJV) -- Fresno, Modesto, and Stockton -- were included on the winter CO list. No SJV city was on the summer ozone list. Districts, however, have the right to voluntarily join these "cleaner gas" programs. Formal requests must be-made by the Governor of the State of California'. Backqround Reformulated Gasoline: · The reformulated gasoline program is designed to lower the Reid vapor pressure (RVP) and control the aromatic content of gasoline to be used in the summer ozone season. This reformulation will reduce the amount of reactive organic gases (ROG) emitted by evaporation by all gasoline vehicles in the summer months. It is estimated that this gasoline will cost no more than five cents per gallon more than conventional gasolines. ROG combines with nitrogen oxides in the presence of sunlight to form ozone. · The SJV Air Basin (Basin) has been designated nonattainment for ozone by the California Air Resources Board (cARB). Because the Basin cannot justifiably demonstrate projected attainment by 1997, the Basin is classified as "severe." The entire Basin is also designated nonattainment for ozone by the EPA. · Historically, the Basin exceeds the state and federal Ambient Air Quality Standards (AAQS) several times per year. (The state AAQS is 0.09 ppm and the federal AAQS is 0.12 ppm.) In the years 1987 through 1989, the Basin exceeded the state AAQS on an average 151 days per year. In the same period, the Basin exceeded the federal AAQS an average of 64 days per year. In addition, the Basin's annual maximum for the same period was 0.20 ppm, which occurred in 1987. · The total ROG emissions in the SJV emitted from on-road motor vehicles, as published in CARB's planning inventory, were projected to be 49.86 tons per day in the year 2000, of Which 13.91 tons per day is evaporation related. · Some SJV refineries have already publicized their intent to produce reformulated gasoline. The Unified Air Pollution Control District Board Page Three Oxygenated Fuels: · The oxygenated fuels program is designed to mandate fuels during the winter season to contain oxygen. Conventional gasoline does not contain oxygen and, therefore, does not contribute, oxygen to the combustion process, having to receive all necessary oxygen from the atmosphere. Oxygenated fuels contain oxygen and contribute it directly into the combustion process; a more efficient process which creates less CO. It is estimated that this oxygenated fuel would cost no more than five cents per gallon more than conventional gasoline. · The state AAQS for CO is 9.0 ppm and a single exceedance of this level is basis for nonattainment designation by CARB. The federal AAQS is also 9.0 ppm; however, there must be two exceedances documented in a three year period to receive nonattainment designation from EPA. · Even though Bakersfield has not documented a federal CO exceedance since 1982, the California AAQS .was exceeded with a 11.0 ppm in December 1989.. Therefore, CARB has designated the Bakersfield Metropolitan Area as nonattainment for CO. Federal redesignation to attainment is being pursued, but at the present time ~he Bakersfield Metropolitan Area is still designated nonattainment by the EPA. · Bakersfield's docu]uented CO readings, however, have come close to the standards in several years since the last federal exceedance. The years 1983 and 1988 had highs of 8.9 ppm and 1986 documented an 8.8 ppm. · Vehicle use will continue to increase in Bakersfield. No data is available for the City of Bakersfield specifically, but CARB projects for Kern County vehicle miles travelled (VMT's) to increase from 11,448,000 miles per day in 1987 to · 15,622,000 miles per day in 2000; representing a 36% increase. Whereas emissions from these increased VMT's are less in 2000 than in 1987 due to cleaner running vehicles, this still demonstrates the continual trends. .· The total CO emissions from on-road motor vehicles in Kern County, as published in CARB's planning inventory, were projected to be 186.1 tons per day'in the year 2000. · San Joaquin Valley refineries are capable of producing oxygenated fuels and some refineries have indicated they will blend oxygenated fuels if demand dictates. The Unified Air Pollution Control District Board Page Four Effects Reformulated Gasoline: · As mentioned before, the evaporative, ROG, emissions from on-road motor vehicles in the SJV were projected to be 13.91 tons per day by the year 2000. Based on EpA's draft preliminary estimates that approximately 28% reductions in ROG emissions would occur in the first phase of this program, and if there are no duplicative emissions reductions accounted for in. CARB's projections, volunteering the Basin for this program could realize an extra 3.9 tons per day ROG reductions by the year 2000. · The total projected ROG reductions, as outlined in the San Joaquin Valley Air Quality Attainment Plan (AQAP), for transportation control measures (TCM's) are 5.65 tons per day by the year 2000. Oxygenated Fuels: · As mentioned before, CO emissions from on-road motor vehicles in Kern County were projected to be 186.1 tons per day by the year 2000. A similar, but somewhat more restrictive, CARB oxygenated ~fuels program could, based on draft preliminary estimations,.produce a 20% reduction in CO emissions at full implementation. Using that reduction base, and if there are no duplicative emissions reductions accounted for in CARB's projections, volunteering the Basin for this program could realize an extra 37.2 tons per day CO reductions by the year 2000. · The total projected CO reductions in Kern County, as . outlined in the AQAP, for TCM's are 14.90 tons per day by the year 2000. An additional CO control measure, residential fireplaces, will result in another 0.45 tons per day reductions in CO'emissions by the ~ear 2000. State Pro,rams CARB is proposing two regulations that will require reformulated gasoline and oxygenated fuels statewide. In both instances, the CARB measures are more restrictive than the EPA regulations. CARB's reformulated gasoline program is scheduled to be implemented statewide in January 1996; one year later than EPA's program. Whereas the federal program reduces ROG by controlling the RVP and the aromatic content of gasoline, CARB's program would also cover olefins which would realize some nitrogen oxides The Unified Air Pollution Control District Board Page Five benefits. The EPA program will have different reporting requirements than CARB's program, but CARB believes there should be little conflict regarding compliance verification. CARB's oxygenated fuels program is scheduled to be implemented statewide in the winter of 1992. This is the same schedule as the EPA program. The only possible conflict between EPA's and CARB's program could be in the operational period. CARB may propose a shorter time period of operation of their program due to some overlap in certain areas with the reformulated gasoline program. Conclusions The California Clean Air Act requires each district to "achieve attainment of the state standards by the earliest practicable date' by including "every feasible control measure." This will be the scale used by CARB when evaluating our.AQAP. The District feels it would be prudent to volunteer for these federal fuels programs as added control measures and to continue to take an aggressive posture in our common goal of cleaner air. Current and planned efforts to control CO may not be sufficient to forestall a future possibility of exceeding the federal CO AAQS in the Bakersfield Metropolitan Area. In addition, since the SJV produces nearly 75% of California's oil and gas, it only seems fair that SJV residents should be first to receive the benefits of improved air quality through the use of these fuels. Another factor to consider is that the general public wants cleaner air. A recent poll conducted in July 1991 by Price Research for Project Clean Air demonstrated that the general public in Kern County feels that air pollution is their number one concern. An unprompted question of "What do you see as Kern County's problem of greatest concern?" resulted in 19.9% of the people listing air pollution. The second most frequent answer was education, at 8.6%. San Joaquin Valley Unified Air Pollution Control District RESOLUTION OF S~I JOA~U'rN V~I~.EY UNIFIED AIR POLLUTION (~ONTROL DISTRI{~T BO~RD WHEREAS, the San Joaquin Valley Air Basin has been designated nonattainment for ozone by the California Air Resources Board; WHERF~tS, the San Joaquin Valley Air Basin cannot justifiably demonstrate projected attainment by 1997, therefore earning a "severe" nonattainment classification; WHEREAS, the San Joaquin Valley Air Basin has been designated nonattainment for ozone by the Environmental Protection Agency; WHEREAS, the Bakersfield Metropolitan Area has been designated nonattainment for carbon monoxide by the California Air Resources Board and the Environmental Protection Agency; WHEREAS, the Environmental 'Protection Agency released for comment their list of cities that will be mandated to regulate the use of reformulated gasoline in the summer months to help alleviate ozone nonattainment and no San Joaquin Valley city was on the list; WHEREAS, the EnVironmental Protection Agency released for comment their list of cities that will be mandated to regulate the use of oxygenated fuels in the winter months for carbon monoxide nonattainment and Bakersfield was not on the list; WHERF.%S, reformulated gasoline will be produced in San Joaquin Valley refineries; ~1¢ ~ ~r~"-~/ .WHEREAS,. oxygenated fuels are presently~eing produced^in San Joaquin Valley. refineries; ............................ WHEREAS, the California Clean Air Act requires each district to "achieve attainment of the state standards by the earliest practicable date" by including 'every feasible control measure;" ~wrenceD. Odle 1745W~tS~w,$uitel~ Phone(2~)?~9~lll ~rPollutionCon~ol~fic~ Fresno, Califomia93~l FAX(2~)~7-55~ The Unified Air Pollution Control District Board Page WHKRKAS, current and planned efforts to control carbon monoxide may not be sufficient to forestall a future possibility of exceeding the federal carbon monoxide ambient air quality standards in the Bakersfield Metropolitan Area; and WHEREAS, vehicle use in Kern County is projected to increase by 36% by the year 2000. NOW, THEREFORE, IT IS RESOLVED, by the Air Pollution Control Board of the San J°aquin Valley Unified Air Pollution Control District, as follows: 1. The facts hereinabove recited are found to be true. 2. This Board recommends to the Governor of California that he volunteer the San Joaquin Valley Air Basin for the' Environmental Protection Agency's reformulated gasoline program. 3. This. Board recommends to the Governor of California that he volunteer the Bakersfield Metropolitan Area for the Environmental Protection Agency's oxygenated fuels program. 4. This Board petitions the Governor to position the San Joaquin Valley Air Basin first in distribution of reformulated gasoline. 5. This Board petitions the Governor to position the San Joaquin Valley cities first in distribution of oxygenated fuels. ON A MOTION BY Supervisor of County, and seconded by Supervisor , of County, this resolution is hereby adopted on this 19th day of September 1991, by the following votes: AYES: NOES: ABSENT: