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Home My WebLink About55D - RESO - SUPPORT AB1102REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: RESOLUTION SUPPORTING ASSEMBLY BILL 1102 (AB1102) REGARDING BEACH BONFIRES CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: --:• E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution supporting Assembly Bill 1102 prohibiting the South Coast Air Quality Management District from enacting a rule that regulates, prohibits or restricts beach burning/ bonfires. DISCUSSION On May 20, 2013 the City Council adopted a resolution opposing the Southern California Air Quality Management District's (SCAQMD) Rule 444 that prohibits open burning /bonfires on beaches. The attached resolution further supports the City Council's position to preserve fire rings and beach bonfires in Southern California. The State Assembly has proposed AB1102 and is attached for your review and consideration. FISCAL IMPACT There is no fiscal impact associated with this item. 55D -1 55D -2 RESOLUTION NO. 2013 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1102 AND THE PROTECTION OF BEACH BONFIRES WHEREAS, there are 765 beach fire rings in Los Angeles and Orange County with the overwhelming majority (approximately 90 percent) along the Orange County coastline, and, WHEREAS, the South Coast Air Quality Management District (AQMD) passed an amendment to Rule 444 to ban beach bonfires on beaches in Orange and Los Angeles Counties; and, WHEREAS, the City Council of the City of Santa Ana adopted a resolution on May 20, 2013 that opposed AQMD's Rule 444; and WHEREAS, Assembly Bill 1102 carves out the jurisdiction over further regulation of solely beach bonfires by the South Coast Air Quality Management District; and, WHEREAS, Beach bonfires are a safe and inexpensive recreational activity and are enjoyed by all the members of our community, regardless of socioeconomic class; and WHEREAS, representatives for Orange County in the California State Legislature believe beach bonfires are a safe, economically beneficial, and family friendly activity which does not need further regulation; and, WHEREAS, Assembly Bill 1102 will protect this tradition for local cities, visitors to the beaches, and all Californians. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana, California, finds that the above recitals are true and correct. SECTION 2. The City Council of the City of Santa Ana, California, supports Assembly Bill 1102 and the protection of beach bonfires. 55D -3 SECTION 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of January, 2014. 55D -4 Bill Text - AB -1102 South Coast Air Quality Management District: beach burning: coasta... Page 1 of 2 > lPi 60LGSLATIVE INFORMATION AS -1102 South Coast Air Quality Management District: beach burning: coastal development permit. (2013 -2014) AMENDED IN ASSEMBLY JANUARY 06, 2014 AMENDED IN ASSEMBLY AUGUST 14, 2013 AMENDED IN ASSEMBLY MARCH 21, 2013 CALIFORNIA LEGISLATURE— 2013 -2014 REGULAR SESSION ASSEMBLY BILL No. 1102 Introduced by Assembly Members Allen and Quirk -Silva (Principal coauthors: Assembly Members Donnelly and Mansoor) (Coauthors: Assembly Members Beth Gaines and Hagman) (Coauthors; Senators Nielsen, Walters, and Wyland) February 22, 2013 An act to add Section 40440.15 to the Health and Safety Code, relating to nonvehicular air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 1102, as amended, Allen. South Coast Air Quality Management District: beach - bur -ning- burning; coastal development permit. EAStmg (1) Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. Existing regulations of the district prohibit a person from engaging In a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand, as specified. This bill would prohibit the district from enacting a rule that regulates, prohibits, or restricts a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand. (2) Existing law requires any person undertaking development in the coastal zone to obtain a coastal development permit issued by the California Coastal Commission in accordance with prescribed procedures. This bill would require a local or regional authority located In the district to obtain a coastal development permit In order to regulate, prohibit, or restrict the use of fire rings, as defined. By Imposing new duties on local governments, this bill would impose a state - mandated local program. This bill would find and declare that these provisions are an issue of statewide concern and not a municipal affair, as specified. 55D -5 http : / /Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml?bi11_id= 201320140AB 1102 &se... 1/14/2014 Bill Text - AB -I 102 South Coast Air Quality Management District: beach burning: coasta... Page 2 of 2 TFi+s (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district. (4) 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, If the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority Appropriation: no Fiscal Committee: f3eyes Local Program: aeyes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) As the Legislature confirmed with Assembly Concurrent Resolution 52 (Chapter 52 of the Statutes of 2013), beach bonfires contained in fire rings should be allowed on all beaches in California. (b) Beach bonfires are an inexpensive recreational activity and are enjoyed by all the members of our community regardless of socioeconomic class. (c) Fire rings are usually large cement rings In the sand used to build your very own bonfire on the beach. (d) The California Coastal Commission staff report of October 22, 2012, stated, "Beach fire rings are a unique recreational facility for which there is no substitution." (e) Amendments to Rule 444 by the South Coast Air Quality Management District were voted on at a hearing on July 12, 2013, and any actions by that vote on regulatory language and any subsequent action resulting from it need to be nullified. SEC, 2. Section 40440.15 Is added to the Health and Safety Code, to read: 40440.16. (a) The south coast district shall not regulate, prohibit, or restrict a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted In a public coastal area marked by an accumulation of sand. (b) (1) For purposes of this subdivision, the following terms have the following meanings: (A) "Development" Includes fire rings. (8) "Fire ring" means a structure used for a recreational, ceremonial, or open burning conducted in a public coastalarea. (2) Notwithstanding subdivision (b) of Section 30005 of the Public Resources Code, a local or regional authority located In the south coast district shall obtain a coastal development permit, as specified in Article I (commencing with Section 30600) of Chapter 7 of Division 20 of the Public Resources Code, In order to regulate, prohibit, or restrict the use of fire rings located in the south coast district as of January 1, 2015. (3) A permit issued pursuant to paragraph (2) shall be appealable to the California Coastal Commission, SEC. 3. The Legislature finds and declares that the use of fire rings at public coastal areas is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, subdivision (b) of Section 2 of this act applies to a charter city or county, SEC. 3.SEC. 4. The Legislature finds and declares that a special law Is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to protect visitor - generated revenues that are used to fund essential programs, such as those for the protection of public safety and parks, within the jurisdiction of the South Coast Air Quality Management District. SEC, 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 55D -6 http : //Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140AB 1102 &se... 1/14/2014 Bill Text - ACR -52 State beaches: fire rings. fff tf LEGISLATIVE INFORMATION ACR -52 State beaches: fire rings. (2013 -2014) Assembly Concurrent Resolution No. 52 CHAPTER 52 Relative to state beaches. [ Filed with Secretary of State June 20, 2013. ) LEGISLATIVE COUNSEL'S DIGEST ACR 52, Allen. State beaches; fire rings. Page I of 2 This measure would recognize the tradition and cultural significance of fire rings on state beaches as part of California's recreational and community activity, and beach lifestyle. This measure would support the protection of California's beaches, access to those beaches, and important traditions that are Integral to the state's culture and beach lifestyle, such as fire rings. Fiscal Committee; no WHEREAS, It is well known that visitors, tourists, and residents are drawn to the California coast for personal and family recreation, surfing and water sports, iconic piers, and unforgettable sunsets; and WHEREAS, An important beach attraction is the time- honored tradition of a beach bonfire in a fire ring that California residents and visitors enjoy as the sun goes down over a perfect California beach evening; and WHEREAS, Beach bonfires are a safe and inexpensive recreational activity and are enjoyed by all the members of our community, regardless of socioeconomic class; and WHEREAS, Beach attractions result in optimum economic and community activity, from gatherings of family and friends, beach barbecues, community events, and beach sports, and much more; and WHEREAS, Fire rings are usually large cement rings in the sand to build your very own bonfire, though in places such as Oceano Dunes Vehicle Recreation Area and Its beach where cars can drive right on the beach in Grover Beach, you can pull your car onto the sand and simply set the wood out on the beach and light it, or dig your own fire ring; and WHEREAS, Many state beaches offer fire rings to campsite guests as part of their camping fee, while some provide them for free; and WHEREAS, Of 108 state parks, 29 allow fire rings for beach vacationers and visitors (excluding camping); and WHEREAS, In Orange County, there are more than 600 fire rings available on the city and state beaches for nightly bonfires, a favorite activity among locals, visitors, and international tourists; and WHEREAS, The Los Angeles County Department of Beaches and Harbors maintains fire rings at Dockweiler Beach in Playa del Rey; and WHEREAS, The California Coastal Commission Staff Report of October 22, 2012, at page 10 stated, "Beach fire rings are a unique recreational facility for which there is no substitution. "; now, therefore, be it 55D -7 http: //Ieginfo.legislattire. ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140ACR52 1/14/2014 Bill Text - ACR -52 State beaches: fire rings. Page 2 of 2 Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature supports the protection of California's beaches, access to those beaches, and Important traditions that are Integral to our culture and beach lifestyle, such as fire rings; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution. 55D -8 http : / /Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140ACR52 1/14/2014 STATE CAPITOL PO. BOX 942849. SACRAMENTO, CA 94249.00-1,4' 1916) 319 20712 FAX (916) 319-2172 D19TRIGTOFFICE 17011 I BEACH BOULEVARD, SUITE 1120 HLINTJNGTON BEACH, CA 92647 (714) 843.4966 FAX (714) 843,6375 September 12, 2013 Dear Colleague: Antathiv 1*01 A TRAVIS ALLEN ASSEMBLYMAN, SEVtNTY-SECOJND DISTRICT COMMITTEES VICE-CHAIR, PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY WATM PARKS AND; WILDLIFE ACCOUNTABILITY AND ADMINISTRATIVE REVIEW A$aEMWY LEGISLATIVE ETHICS As the representatives for Orange County in the California State Legislature, we encourage your support for Assembly Bill 1102, which will protect the local, community tradition of beach bonfires, This legislation simply Carves out the jurisdiction over further regulation of solely beach bonfires by the South Coast Air Quality Management District (SCAQMD), In doing so, our local cities will not be stripped of millions of dollars in revenue and the beaches will Continue to have an affordable attraction for tourists, families, and residents alike to enjoy, As you are aware, there has been a Concertod effort to remove fire rings and ban beach bonfires in Southern California. This safe, economically beneficial, and family friendly activity does not need further regulation, WO must now try to protect this tradition for our local Cities, visitors to our beaches, and all Californians. To help bolster our efforts at the state level, we Suggest that every local city propose and pass a Resolution supporting AB 1102 and the protection of our beach bonfires. By passing a resolution you will be supporting the voice of the people and the overwhelming support vo=iced by minority groups and local businesses, Sincerely, Travis Allen 72"1 Assembly District Sharon Quirk - Silva 74"' Assembly District Pr I y — o Paper 6t 6 1 . -- I 1 Toni 69th embly District � M Senate