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90-039 RESOLUTION NO. 90R-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING THE AERIAL APPLICATION OF MALATHION INSECTICIDE IN ORANGE COUNTY WHEREAS, the frequency o£ aerial spraying of malathion insecticide over various parts of Orange County has increased dramatically as State and County health officials attempt to eliminate the presence of the Mediterranean Fruit Fly (Medfly) from the area; and WHEREAS, the increase in aerial spraying necessitates an official determination regarding the questionable short-and long-term health and environmental effects resulting from repeated application of the insecticide; and WHEREAS, because existing State law preempts local regulation of the use of economic poisons, thereby severely restricting the ability of local governments to responsibly protect the health, safety and welfare of their residents from the dangers of chemical pesticides; and WHEREAS, existing state law provides inadequate time and opportunity to local governments to challenge the decision of the Director of Food and Agriculture with respect to pest eradication projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY RESOLVES AS FOLLOWS: 1. That all aerial malathion applications be postponed until independent and reliable analyses have shown conclusively that the widespread, aerial application of malathion is not hazardous to the health of humans nor to the environment generally. 2. That alternatives to aerial malathion spraying be immediately implemented, e.g., ground application of malathion and/or more extensive use of sterile med£1ies. 3. That State and County health officials begin a comprehensive public education program to increase public understanding of this and related issues. 4. That the State legislature adopt urgency legislation repealing Food and Agriculture Code ~11S01.1, which prohibits local regulation of the use of economic poisons. $. That the State legislature adopt urgency legislation granting to local government the authority to prohibit aerial spraying of any economic poison, including Malathion, within its boundaries. 6. That the provisions of Food and Agriculture Code §§ 50S1-S2 be amended to permit challenges to the decisions of the Director of Food and Agriculture throughout any portion of an active pest eradication project. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of February, 1990. ATT~ ~ ROF: lm 3496L -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N, SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-39 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler, Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-39 on the 7th day of February, 1990. IN WITNESS WllEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of February, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-39, duly passed and adopted by the Anaheim City Council on February 6, 1990.. CITY CLERK OF THE CITY OF ANAHEIM