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Home My WebLink About1991/06/11 Item 16 rrorlli-~rnr ~~ i{, I' ,[ i ,I : ,,~. '.' 1991 ,I, , "I. I : " :':.i' ~ San Diego ASSOCIATION OF GOVERNMENTS May 28, 1991 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: City Managers FROM: Ken Sulzer, SANDAG Executive Director RE: Designation of Lead Agencies Pursuant to Section 174 of the Federal Clean Air Act as Amended On May 24, 1991, the SANDAG Board acted unanimously to request the State Air Resources Board to continue the existing co-lead agency designation in the San Diego region pursuant to Section 174 of the Federal Clean Air Act as amended in November 1990. Currently, SANDAG and the Air Pollution Control District serve as co-lead agencies. One of the key reasons the SANDAG Board cited for continuing the existing relationship was to provide cities an opportunity to continue to be directly involved in planning decisions relating to the air quality program. SANDAG would appreciate your council's concurrence in SANDAG's position. The ARB intends to accept comments on the designation until the end of June. Comments should be sent directly to the Air Resources Board and James D. Boyd, the Executive Director. Both are at 1102 Q Street, Sacramento, CA 95814. Copies to the San Diego legislative delegation and to SANDAG would be appreciated. We have attached the SANDAG staff report for your information. Please contact me or Debra Greenfield, SANDAG's attorney, if you have any questions or would like more information. Sin TH E. SULZER Executive Director KES/DAG/dab cc: SANDAG Board of Directors I~ b.. I MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos. Santee. Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. CALIFORNIA AIR RESOURCES BOARD MEMBERS Jananne Sharpless Chairwoman Public Member Brian P. Bilbray Supervisor. San Diego County San Diego APeD Member Eugene A. Boston, M.D. Physician Member BARBARA RIORDAN Supervisor. San Bernardino Co. District Member Roberta H. Hughan Mayor. City of Gilroy BAAQMD Membe,r John S. Lagarias Science Member Betty Ichikawa Agricultural Member Harriett Wieder Supervisor. Orange County SCAQMD Member Andrew Wortman, Ph.D. Engineering Member Jude Lounsbury Board Secretary P.O. Box 2815 Sacramento. CA 95812 (916) 322-5594 ) /Ph ~l- Z0-d 9Z:vT 3n~ T6-8Z-S0 San Diego Association or Governments BOARD OF DIRECTORS May 24, 1991 AGENDA REPORT No.: R-32 ASSIGNMENT OF LEAD AGENCY RESPONSIBIUTIES UNDER SECTION 174(a) OF THE 1990 FEDERAL CLEAN AIR ACT AMENDMENTS The Air Pollution Control District and SANDAG have been co-lead agencies for air quality planning under the federal Clean Air Act since 1978. Last week, the staff of the California Air Resources Board (ARB) distributed a letter to all affected agencies in the state. It declares the ARB's intention to assign lead agency responsi- bility for the preparation of air quality attainment plans pursuant to the 1990 amendments to the Federal Clean Air Act to county air districts and air quality management districts. Section 174(a) of the Act requires each state to certify lead agencies for the preparation and submittal of revisions to the State Implementation plan. The Act calls for the lead agency to include elected officials of local government and encourages it to represent the transportation planning agency, metropolitan planning organization as well as the organization responsible for air quality maintenance planning under state law. SANDAG is the agency which most closely combines all of these responsibilities, and when aligned with the Air Pollution Control District as co-lead agency, covers all of these requirements. Therefore, it is my RECOMMENDATION that the Board of Directors approve Resolution 91-72 requesting the Air Resources Board to continue and reaffmn the existing co-lead agency designation in the San Diego region under Section 174(a) of the 1990 Federal Clean Air Act Amendments. Discussion Staff has reviewed the letter from the ARB staff, and discussed with the ARB staff the rationale for recommending a change in the designation. In SANDAG staff's judgment there does not appear to be compelling legal or procedural reasons for changing the co-lead agency designation. SANDAG remains responsible under state law for preparing and adopting the transportation control measures for the air quality plan and under federal law for determining consistency of transportation projects with the air quality plan. Also, SANDAG continues to serve as the lib ,3 regional transportation planning agency, metropolitan planning organization, and more recently, the congestion management agency. Its modeling system is used to calculate the air pollution emissions generated by all potential transportation control measures. Finally, the review of the proposed Transportation Control Measures plan has illustrated the public's and the elected officials' interest in evaluating air pollution control tactics compre- hensively, coordinated with other transportation objectives such as congestion relief. The co-lead agency designation assures that the cities and the County work together to improve air quality. KENNETH E. SULZER Executive Director I~b ,'1 2 ~ San DIego ASSOCIATION OF " GOVERNMENTS First Interstate Plaza, Suite 800 401 B Street San Diego, California 92101 . (619) 595"5300 Fax (619) 595-5305 RESOLUTION No. 91-72 REQUESTING THE AIR RESOURCES BOARD TO REAFFIRM AND CONTINUE THE EXISTING CO-LEAD AGENCY DESIGNATION IN THE SAN DIEGO REGION UNDER SECTION 174(a) OF THE 1990 FEDERAL CLEAN AIR ACT AMENDMENTS WHEREAS, Section 174(a) of the 1990 Federal Clean Air Act Amendments requires each- State to certify lead agencies for the preparation and submittal of revisions to the State Implementation Plan; and WHEREAS, Section 174(a) also requires that state and local elected officials determine which agencies will develop, adopt, implement, and enforce the various elements of each area's air quality plan; and WHEREAS, Section 174(a) states that the implementation plan shall be prepared by an organization certified by the State, in consultation with elected officials of local governments; and WHEREAS, Section 174(a) states that the organization responsible for the implementation plan shall include elected officials of local governments in the affected area, and representatives of the State air quality planning agency, the State transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area and the organization responsible for the air quality maintenance process; and WHEREAS, the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG), the existing co-lead agencies under the Act, continue to jointly fulfill the requirements for designation; and WHEREAS, the State has proposed that the APCD be designated as the sole lead agency for these purposes; and WHEREAS, the co-lead agency designation has been a successful arrangement in the past for assuring that the cities and the County work together to improve air quality; and WHEREAS, SANDAG remains responsible under state and federal law for developing and adopting the transportation control measureS for the air quality plan and for determining consistency of transportation projects with the air quality plan and SANDAG /~6...5 MEMBER AGENCIES: Cities of Carl,bad, Cnul. Vista, Coronado, 0.1 Mar, EI Cajon, Encinital, Eacondido, Imperial EMach. La M.... ~on Grove. National City, Oceanside. Pow.y, San Di.go, San MarC:C5. S.nt.... Solana a.ach. Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Tran.portation, U.S. Department of Def.n.. and T~uanalBai' California. RESOLUTION 91-72 Page 2 continues to serve as the regional transportation planning agency, metropolitan planning organization, and more recently, the congestion management agency; NOW TIlERBFORE BE IT RESOLVED that the San Diego Association of Governments requests the Air Resources Board to continue and reaffIrm the existing co-1ead agency designation in the San Diego region under Section 174(a) of the 1990 Federal Clean Air Act Amendments. PASSED AND ADOPTED this 24th day of May, 1991. J~4~~~~ CHAIRPEIll ON ATTEST: /d," ' ~ / MEMORANDUM June 5, 1991 TO: ()~ The Honorable City Council FROM:~-Leonard M. Moore Mayor pro Tempore SUBJECT: Request to Consider Policy to Revoke certain zoning Decisions Made Under County of San Diego in Montgomery Area It has been brought to my attention several times this year the number of unusual zoning and building permits which exist from the period when the Montgomery area was within the jurisdiction of the county of San Diego. There exists in the city limits; examples of permits for business uses which would not be approved today under the city's existing planning and zoning laws. A good example is flower shops bordering the side walks. I request the Council's consideration to refer to city staff a study of such previoe;s permitted uses which presently violate zoning rules and regulations. Such uses surveyed should then be reviewed for continued permitted use. The questions should be posed: "How long should the Montgomery regulations stand?" Moreso when even the laymen question the results. LMM montzone .t(, rJ-1 June 6, 1991 TO: FROM: SUBJECT: Legislative Committee Sid W. Morris, Deputy City Manager~~ Legislative Analysis I. Reauires Council Action AB 1223 (Costa) Vehicles: Length and Load Restrictions - Oppose If you have any questions, please call me or Iracsema Quilantan at 691-5031. SWM: IOQ: 1m Attachments cc: Chuck Cole, Advocation, Inc. [wp51/legmem] tL-e..l CITY OF CHULA VISTA LEGISLATIVE ANALYSIS Legislative No. Author Title AB 1223 Sponsor Costa League Position Oppose Vehicles: LenQth and Load Restrictions Related Bills As Introduced HJR 100, 1990 SJR 16. 1991 March 6. 1991 As Amended ARCO Status Currently pending in Assembly Ways and Means Committee May 28, 1991 BackQround Under existing law, a combination of vehicles designed to transport motor vehicles, which consist of a motor truck or stinger-steered semi-trailer may not exceed a total length of 70 feet if the kingpin is at least 3 feet behind the rear dri ve axl e of the motor truck. Furthermore, exi st i ng 1 aw also establishes standard length, height, width, and weight limits on trucks operating on Cal ifornia highways and thereby prohibits the operation of long combination vehicles such as "triples" (three short trailers), "turnpike doubles" (one long and one short trailer), and "rocky mountain doubles" (two long trailers). AB 1223 would: Requ ire the Department of Transportat i on (Ca lTrans to part i ci pate in a study to look at authorizing longer and heavier gasoline tanker trucks on California highways, specifically 75 foot, 8-axle truck trailer combinations, with a maximum weight of 105,500 lbs. Requi re the study to be fi nanced by the petroleum industry, and requi res CalTrans to choose one of two consultants selected by the petroleum industry, with a maximum cost of $150,000. Require CalTrans to appoint a study advisory committee of up to ten persons representing affected state and local public agencies, to develop guidelines for conducting the study. Require the study to be completed within six months after private funding becomes available and to be submitted to the legislature within 30 days thereafter, along with CalTrans findings and conclusions. Require the petroleum industry to promptly reimburse CalTrans and all advisory Committee members for all the costs incurred with respect to the study. Sec. N/A WPC 3697A June 11. 1991 Oppose Letter(s) Required Yes-L No_ 'gO Leg Program Date To Council Action Ji,e...Z LEGISLATIVE ANALYSIS CONT'D Legislative No. Title AS 1223 Vehicles: LenQth and Load Restrictions Imoact This bill is sponsored by ARCa, which would like to introduce the concept of longer combination vehicles (LCVs) into California. Nationwide, the trucking industry has been pushi ng at the Federal and State 1 evel s for LCVs. Some rura 1 western states already allow certai n LCV confi gurat ions. Proponents such as ARCO argue that allowing LCVs would result in higher productivity since one driver could carry 11,500 gallons of gasol ine or diesel per truck, while the present tanker truck configuration allows for a maximum of 9,000 gallons. The new tanker trucks would be 75 feet in length compared to 65 feet at present and the tot a 1 weight woul d be 105,500 compared to the current 80,000 pound maximum in California. Staff would recommend opposition to AS 1223 based on the following reasons: While gasoline tanker trucks are among the most regulated commercial vehicle operations, problems continue to occur because bulk liquid loads can tip over relatively easily. The impact of concentrating additional quantities of an explosive commodity like gasoline in a single truck could result in a disastrous situation should an accident occur. There is a question of whether larger and heavier trucks of any kind are compatible with crowded Cal ifornia highways where lanes are frequently being narrowed through restriping from 12 feet to 11 feet. There is substantial reason to question the objectivity of any study which is paid for by the petroleum industry, where the petroleum industry picks the consultants that Ca lTrans may hi re and where the expenses of the advisory committees are fully paid by the petroleum industry. There is nothing to stop the industry from conducting their own private study without legislation. Related LeQislation In 1990, the legislature passed House Joint Resolution 100 (Katz) which requests Congress to retain the 80,000 pound truck weight limit and to refrain from preempting the states on this issue. This year, Senate Joint Resolution 16 (Copp) is pending in the Senate and requests Congress to not take any further action to authorize long combination vehicles. Recommendation That the Ci ty Council authori ze staff to prepare a 1 etter for the Mayor's signature in opposition to AS 1223 (Costa) to be sent to members of the Assembly Ways and Means Committee. The contents of AS 1223 are not addressed bv the adooted leQislative orOQram. and thus reQuire Council action. WPC 3697A jt. t!. -;$ PAGE 1 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: AB 1223 BILL TEXT AMENDED IN ASSEMBLY AMENDED IN ASSEMBLY AMENDED IN ASSEMBLY MAY 2B, 1991 MAY 15, 1991 APRIL 24, 1991 INTRODUCED BY Assembly Member Costa MARCH 6, 1991 An act relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1223, as amended, Costa. Vehicles: length and load restrictions. Under existing law, a combination of vehicles designed to transport motor vehicles, which consists of a motortruck and stinger-steered semitrailer, may not exceed a total length of 70 feet if the kingpin is at least 3 feet behind the rear drive axle of the motortruck, or 75 feet if specified conditions are maintained. Existing law also imposes weight restrictions on vehicles operated upon the highway. This bill would make findings and declarations of the Legislature regarding the use of heavier trucks which have been redesigned with additional axles to distribute the load so that each axle carries less weight. The bill would require the Department of Transportation, in cooperation with the Department of the California Highway Patrol T and the State Air Resources Board, if ~hey reeeive it receives assurances of full reimbursement from private sources, to conduct a study of the economic, environmental, and safety effects of allowing 75-foot, B-axle truck and trailer combinations, weighing 105,500 pounds, to operate on the highways. If the ~epar~Meft~B aft~ ~fte 8ears reeeive department receives that assurance of reimbursement, the Director of Transportation would be required to appoint a 10-member study advisory committee, composed as specified. The bill would authorize the ~epar~Meft~B aft~ ~fte Bear~ department to enter into agreements with the petroleum industry for the purposes of the bill. The bill would require the ~epar~Meft~B aft~ ~fte Bear~ department to submit a copy of the study to the advisory committee for review, the advisory committee to review the study and add its findings and conclusions, and the ~epar~Meft~B aft~ ~fte Bear~ department to submit a report of the study, including ~fteir its findings and conclusions and those of the advisory committee, to the Legislature. u~~ PAGE 2 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: AB 1223 BILL TEXT Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The streets and highways of this state are being used by thousands of additional vehicles each year due to the state's ever increasing population, and this increased use has placed a heavy burden on the agencies responsible for street and highway construction and maintenance, traffic safety, and air quality control. (b) other states have addressed the problems caused by increased vehicle use, in part, by allowing the use of heavier trucks which have been redesigned with additional axles. The extra axles distribute the load carried by the trucks so that each axle carries less weight. (c) According to experts representing the petroleum industry, the use of the heavier, redesigned trucks in other states has resulted in a significant reduction in the number of trips required to deliver the same amount of petroleum products and a decrease in street and highway pavement deterioration, less traffic congestion, reduced fossil fuel emissions, and reduced exposure to traffic accidents. (d) As a part of its ongoing effort to address California's transportation problems, the Legislature needs to determine the relative merits of allowing the redesigned trucks described in Section 2 of this act to be operated on the streets and highways of this state. SEC. 2. The Department of Transportation, in cooperation with the Department of the California Highway Patrol T and the State Air Resources Board L shall study the economic, environmental, and safety effects of allowing heavier trucks than are presently allowed by law to operate on the state's streets and highways. The study shall be entirely funded by the California petroleum industry and shall be limited in scope to the operation of a 75-foot, 8-axle truck and trailer combination, with a weight of 105,500 pounds, regularly used in other states to transport refined petroleum fuel. The study shall include, but not be limited to, an examination of the routes these vehicles could use and any limitations associated with those routes. The study shall be commenced when the de~ar~Meft~e aftd ~fte beard reeeive department receives assurances of full reimbursement from private sources for all costs of the study. The cost of the study shall not exceed one hundred fifty thousand dollars ($150,000) and shall not take more than six months to complete. The departments and the board, and the advisory committee established by Section 3 of this act, shall be promptly reimbursed by the California petroleum industry for all costs they incur in connection with the study, and all those costs shall be included in the cost of the study. t~e-~ PAGE 3 Display 1991-1992 Bill Text - INFORMATION BILL NDMBER: AB 1223 BILL TEXT SEC. 3. If the Department of Transportation T ~fte Bepar~meft~ ef ~fte eaiiferftia Hi~hway Pa~re%T efts ~he Sese. Air Reee~ree. Bear~ reeeive aee~rafteee ef receives assurances of reimbursement pursuant to Section 2, the depar~meft~e aftd ~fte beard department shall, in an expeditious manner, develop guidelines for conducting the study_ The Director of Transportation shall appoint a study advisory committee T eefte~e~~ft~ ef fte~ mere ~ftaft %9 membere ~fte%~d~ft~ membere repreeeft~~ft~ affee~ed e~a~e aftd %eee% p~b%~e a~efte~ee aftd ~fte%~d~ft~ ~ftree membere repre.efteift~ efte p~8iie ae iar~e ee asvie. ehe deparemeftee aftd ehe beard to advise the department regarding the study guidelines. The advisory committee shall consist of not more than 10 members, and shall include one member representing each of the following: ~ The department. 121 The Department of the California Highway Patrol. lEl The State Air Resources Board. ~ Cities. ~ Counties. i!l The California petroleum industry. 191 The public, with experience in the field of public safety. ~ The public, with experience in the field of the environment. 1!l The public, with experience in the field of economics. The depar~meft~e aftd ~he beard department shall commence the study immediately upon completion of the guidelines. The depar~meft~e aftd ~fte heard department may contract with independent consultants for purposes of the study. Upon completion of the study, the depar~meft~e aftd ~fte beard department shall submit a copy of the study to the advisory committee for review. The advisory committee shall complete its review of the study and add its findings and conclusions and return it to the deparemeftee and efte beard department within 30 days from its receipt. Immediately upon receipt of the advisory committee's findings and conclusions, the deper~meft~e aftd ~fte beard department shall submit a copy of the study, including ~he~r its findings and conclusions and those of the advisory committee, to the Legislature. SEC. 4. The Department of Transportation T ~fte Bepar~meft~ ef ~fte eaiiferftia Hi~ftway Pa~reiT aftd ~fte S~a~e Air Reee~reee Beard may enter into agreements with the California petroleum industry to accomplish the purposes of this act. SEC. 5. Nothing in this act authorizes the operation of any vehicle, including the truck and trailer combination described in Section 2, on the highways of this state that is not in compliance with applicable law. 1~e-1