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HomeMy WebLinkAbout14 - CC-14 - Assembly Bill 385 - 8/2/2016CITY COUNCIL AGENDA REPORT MEETING DATE: August 2, 2016 ITEM NUMBER: CC -14 SUBJECT: ASSEMBLY BILL 385 - A BILL THAT CONSIDERS THE ELIMINATION OF DAYLIGHT SAVINGS TIME (DST) IN THE STATE OF CALIFORNIA DATE: MAY 26, 2016 FROM: OFFICE OF THE CEO PRESENTATION DANIEL K. BAKER, ASSISTANT TO THE CEO BY: FOR FURTHER INFORMATION CONTACT DAN BAKER AT (714) 754-5156 RECOMMENDATION: Per Council Policy 000-8 (Attachment 1), it is recommended that the City Council direct staff to draft a letter in opposition to Assembly Bill 385 (Attachment 2), which proposes the elimination of Daylight Savings Time (DST) in the state of California. BACKGROUND/ANALYSIS: Council Policy 000-8 prohibits City Commissions and Committees from executing legislative position letters but does allow them to make recommendations to the Legislative review team or the City Council. In addition, Per Council Policy, since neither of the City's legislative partners (League of California Cities, Association of California Cities Orange County) have taken a formal position on AB 385, formal council approval is required. The Parks & Recreation Commission is in opposition to AB 385 which proposes for the elimination of Daylight Savings Time (DST) in the state of California. The Commission's viewpoint comes from the perspective that with less daylight hours between March and November, there will be less usable/playable time on City/NMUSD athletic fields. At this time, they are requesting that the City Council consider directing staff to draft a formal opposition letter against AB 385. With the majority of fields being unlit or only having temporary lighting, the nearly twenty regular participating sports leagues will see a total reduction of approximately 3,875 playable hours of field time (March — Nov) between the hours of 4:30pm and 9:00pm. To keep up with demand, temporary lighting units may need to be purchased by the City or rented by the user groups and this will come at an unbudgeted equipment cost as well as costs associated with additional staffing that will need to be in place to control and access the lighting equipment. Federal law establishes the standard time of the United States for each of nine zones and advances the standard time of each zone by one hour during the period commencing at 2:00 a.m. on the second Sunday of March of each year and ending at 2:00 a.m. on the first Sunday of November of each year. The DST Act, which was adopted as an initiative measure by the voters at the November 8, 1949, special election, provides that the standard time within the state is that which is known, described, and designated by federal law as United States Standard Pacific Time. The act requires, from 1:00 a.m. on the last Sunday of April, until 2:00 a.m. on the last Sunday of October, the standard time within the state to be one hour in advance of United States Standard Pacific Time. AB 385 would place a question before the voters on the November 2018 ballot whether to keep Daylight Saving Time (DST) as it currently exists or switch to year round standard time. As a result, a change would require the Legislature's approval of an initiative to be placed on the ballot giving California voters the option of deciding to remain in DST or eliminate it entirely. FISCAL REVIEW: It is undetermined at this time what the fiscal impacts would be in the elimination of Daylight Savings Time. LEGAL REVIEW: No legal review required. CONCLUSION: Staff is seeking Council direction to begin drafting a letter of opposition regarding Assembly Bill 385. DANIEL K. BAKER Assistant to the CEO ATTACHMENTS: 1 City Council Policy 000-8 2 State Assemblv Bill 385 CITY OF COSTA MESA, CALIFORNIA Attachment 1 COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE LEGISLATIVE POSITIONS 000-8 5/16/91 1 of 2 Revised 9/20/99 BACKGROUND The increasing involvement in local affairs by Federal, State and County governments, coupled with the proliferation of special agencies and districts, makes it imperative that a formalized proactive approach be taken toward legislation which may impact the welfare of the Costa Mesa community. Past City Councils have participated in the legislative process to varying degrees. For the most part, such participation has been informal. PIIRP()SF The purpose of this Policy is to establish a comprehensive and formal program for addressing legislative issues. This includes the establishment of signatory authority and the creation of legislative review guidelines. POLICY 1. The City Manager, or his designee, shall be responsible for overseeing the legislative review process. 2. A Legislative Review Team, consisting of the Mayor, Mayor Pro Tem, and the City Manager, shall periodically review legislation and formulate the City's position. 3. The Mayor is authorized to execute position letters on behalf of the City Council when the position is in concurrence with that of the National League of Cities, the State League of Cities, the Orange County Division of the League of Cities or the Orange County Council of Governments. At the direction of the Legislative Review Team, position letters may also be executed by the City Manager, or his designee, as appropriate. 4. Formal Council approval is required in instances in which the City's position may differ from that of the National League of Cities, the State League of Cities, the Orange County Division of the League of Cities or the Orange County Council of Governments. 5. Formal Council approval is required in instances in which the National League of Cities, the State League of Cities, the Orange County Division of the League of Cities or the Orange County Council of Governments have not taken a formal position. 6. City Commissions and Committees are prohibited from executing legislative position letters but may make recommendations to the Legislative Review Team or the City Council. CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE LEGISLATIVE POSITIONS 000-8 5/16/91 2 of 2 Revised 9/20/99 7. All City Council members shall receive a copy of all legislative position letters written on City letterhead. A quarterly activity report of the City's legislative positions, and the status of such legislation, will be provided to the City Council. 8. The preceding in no way infringes upon the right of the City Council members to express individual positions on legislative issues. In expressing an individual position, City Council members will clearly state that the position is personal and not sent on behalf of the City or City Council. AMENDED IN SENATE MAY 9, 2016 AMENDED IN SENATE JULY 1, 2015 AMENDED IN ASSEMBLY APRIL 29, 2015 AMENDED IN ASSEMBLY APRIL 14, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION ASSEMBLY BILL Attachment 2 No. 385 Introduced by Assembly Member Chu February 18, 2015 An act to add Section 6808 to the Government Code, and to repeal Sections 1, 2, 3, 4, and S of the Daylight Saving Time Act, an initiative measure approved at the November 8, 1949, special election, relating to Daylight Saving Time. LEGISLATIVE COUNSEL'S DIGEST AB 385, as amended, Chu. Solid waste f�eifities: Newby islan 1:�andfilll stakeholder group. -Daylight Saving Time. Existing federal law establishes the standard time of the United States for each of 9 zones and advances the standard time of each zone by one hour during the period commencing at 2 a.m. on the 2nd Sunday of March of each year and ending at 2 a.m. on the first Sunday of November of each year. Existing state law, the Daylight Saving Time Act, which was adopted as an initiative measure by the voters at the November 8, 1949, special election, provides that the standard time 94 AB 385 —2— within 2— within the state is that which is known, described, and designated by federal law as United States Standard Pacific Time. The act also requires, from I a.m. on the last Sunday of April, until 2 a.m. on the last Sunday of October, the standard time within the state to be one hour in advance of United States Standard Pacific Time. This bill would repeal the Daylight Saving Time Act, and would require the standard time within the state to be that of the 5th zone designated by federal law as Pacific standard time. The bill would authorize the Legislature to amend its provisions by a majority vote to further the purposes of the bill. The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would provide that it would become effective only upon approval of the voters. It would also provide for submission of this measure to the voters for approval at the next statewide general election. The Galifornia integrated Waste Managetnent Aet of 1989, w-hieh is prohibits a person frotn operaling a solid waste f�eihty withottt a soli waste f�eilities permit, as pro-vided. The aet requires the departtnettt to a eotnplaint From an air pollution eontrol distriet or an air quality , as pfevided. Existing law ereafes the BayAfea Air Quality Managetne pollution in the area of its jttfisdietiotfl.-. This bill would, tmtil january 1, 2019, require the Bay Area Ai Group, eotnposed of representatives of speeified loeal and state the landfill g other entities, to hold publie , .-*, From the New -by island Ia-ndfill and w duties on the Bay Area Air Quality Managemetit Distriet, The bill would deelare that a speeial law is neeessary and that a 16 of Art ell W oft e California G ,.4:4..4: 94 — 3 — AB 385 . . .I .I OWN. . .. . 10,110401 M-11 Vote: majority. Appropriation: State -mandated local program: The people of the State of California do enact as follows: 1 SECTION 1. Section 6808 is added to the Government Code, 2 to read: 3 6808. (a) The standard time within the state is that of the fifth 4 zone designated by federal law as Pacific standard time (15 U.S. C. 5 Secs. 261 and 263). 6 (b) The Legislature may amend this section by a majority vote 7 to further the purposes of the act that added this section. 8 SEC. 2. Section I of the Daylight Saving Time Act is repealed. 9 Seetion 1. This aet shall be known and may be eited as the 10 Dayligltt Saving Time Aet. 11 SEC. 3. Section 2 of the Daylight Saving Time Act is repealed. 12 Seetion 2. The standard time within the State, 13 hereinafter provided, is that of the Otte Hundred and Twentieth 14 (1 -20th) degree of longitttIde west from Greettwieh attid whieh is 15 Ittow known, deseribed and designated by Aet of Congress as 16 "United Standard z�nrt tfk�es-� 17 SEC. 4. Section 3 of the Daylight Saving Time Act is repealed. 18 See. 3. From I o'eleek 19 April, utttil 2 o 'eloek antemeridian on the last Sttnday of Oetober, 20 the standard time in this State so established shall be one hottr in 21 ad-fanee of the standard time now known as United States Standar 22 n.. etee: 23 SEC. 5. Section 4 of the Daylight Saving Time Act is repealed. 24 Seetion 4. in all laws, statutes, orders, eeran a 25 regulations relating to the time of performanee of any aet by any 26 offieer or depaftment of this State, or of any eettItAr, 27 , town or distriet thereof or relafing to the time in whieh 28 any rights shall aeerue or determine, or within whieh any aet 94 AB 385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— or shall not be perfortned by any person s* eet to the jttrisdi of the State, and itt all the pttblie sehools and in all other institations of this State, or of any eottntr, eity and eoftrAr, eitr, town or distrie thereof , andin all�.. raet or ,.i.,.se in etion ad r to be performed in this State, the time shall be as set f6rth in this aet and it shall be so understood and itttende&- SEC. 6. Section 5 of the Daylight Saving Time Act is repealed. SECT -!ON 5. All aets in eottfliet herewith are hereby repealed. SEC. 7. Sections I to 6, inclusive, of this act amend the Daylight Saving Time Act, Proposition 12, an initiative statute approved by the voters at the November 8, 1949, special election, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Sections I to 6, inclusive, of this act to the voters at a statewide election in accordance with Section 9040 of the Elections Code. Code,added to Chapter 4 ofPart 3 ofDivision 26 ofthe Health and Safety to read7-- 94 — 5 — AB 385 I 94 .. 20 is etiaeted before iatittaty 1, 2019, deletes of extends that date�. -Legislature ---- and --- . . .. - -- -- - ---- - - . . . . . .. meaning23 within the 16 of :- 26 of Santa Glafa. 27 SEC. 3. if the Commission on State Mandates determine . this aet eotitaitis. . .. . .. the state,.. . 29 loeal ageneies and sehool distriets for. .sts shall be made .. ) of Divisiott 31 4 o I 94