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HomeMy WebLinkAbout2006-06-27 - AGENDA REPORTS - AB 2015 (2)CONSENT CALENDAR DATE: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: June 27, 2006 Mayor Pro Tem STATE LEGISLATION: ASSEMBLY BILL 2015 City Manager's Office RECOMMENDED ACTION City Council support Assembly Bill 2015 and transmit position statements to Assembly Member Lieu, Assembly Member Richman, Senator McClintock, Senator Runner, appropriate legislative committees, Governor Schwarzenegger, and the League of California Cities. BACKGROUND Mayor Pro Tem Marsha McLean is requesting that the City Council consider a position regarding Assembly Bill 2015. The Los Angeles County Division of the League of California Cities is actively advocating the measure and has asked cities to endorse AB 2015. Mayor Pro Tem McLean is a member of the League's Los Angeles County Division Executive Committee. The South Coast Air Quality Management District Board of Directors (SCAQMD) currently consists of 12 members. Board members are appointed as follows: one member appointed by the Governor; one member appointed by the Speaker of the Assembly; one member appointed by the Senate Committee on Rules; one member appointed by each of the Boards of Supervisors of the four counties (Los Angeles/Orange/Riverside/San Bernardino) within the SCAQMD area; one member appointed by each of the City Selection Committees of Orange, Riverside and San Bernardino counties; one member appointed by the City Selection Committee for the eastern region of Los Angeles County; and, one member appointed by the City Selection Committee for the western region of Los Angeles County. Santa Clarita is a municipality within the SCAQMD's Los Angeles County eastern region. Assembly Bill 2015 (Lieu -D -Torrance) has been introduced in response to concerns expressed by cities within the western region of Los Angeles County. Because the City of Los Angeles is currently designated as being within the western region, the seat is a de facto seat for the City of Los Angeles. City Selection Committee voting rules require that in order for a representative to be chosen, that individual must garner votes from a majority of cities holding a majority of the population. The 24 cities, other than the City of Los Angeles, within the western region have a combined population which is approximately 25% of that of the City of Los Angeles. Therefore, the City of Los Angeles holds exclusive control over the population total component of the voting procedure, creating a de facto seat for the City of Los Angeles. This bill expands the SCAQMD Board of Directors from 12 members to 13 members. It removes the City of Los Angeles from the City Selection Committee western region and adds the cities of Calabasas and Malibu to the roster of western region cities. The new seat created under the legislation is for the City of Los Angeles; a City of Los Angeles Council Member appointed by the Mayor of the City of Los Angeles. The 26 smaller western region cities will then have the capability of choosing a representative to the SCAQMD Board from among their ranks. If passed and enacted into law, the bill would become effective on January 1, 2007. Finally, AB 2015 authorizes the city selection committees to jointly meet in determining which cities shall comprise the western and eastern sectors. Proponents argue that the bill provides additional representation for cities and recognizes the existing situation of a de facto seat for the City of Los Angeles. Proponents further argue that the measure creates an opportunity for cities to be properly placed within the two regions of the air quality district. Finally, they argue that an odd number of board members is more typical in governing bodies, preventing the occasional tie vote. Opponents, including the SCAQMD, argue that the current configuration of the board meets the needs of the region. They argue that creation of a new board position will cost additional financial resources to the district. Finally, they express concerns that Los Angeles County gains representation on the board at the expense of the growing Inland Empire. The bill provides benefit to the City of Santa Clarita in that it enhances municipal representation on the SCAQMD Board of Directors. The bill also provides a mechanism for cities to move from the eastern sector to the western sector, and vice versa, should that be appropriate for an individual city. This movement is subject to the action of the City Selection Committees, as opposed to current law which requires state legislation. Assembly Bill 2015 has been approved by the Assembly and is currently awaiting action by the Senate Committee on Local Government. FISCAL IMPACT Adoption of the recommended action requires no additional resources beyond those contained in the proposed FY 06/07 budget. ATTACHMENTS Assembly Bill 2015 AMENDED IN SENATE JUNE 13, 2006 AMENDED IN ASSEMBLY APRIL 17, 2006 AMENDED IN ASSEMBLY MARCH 21, 2006 CALIFORNIA LEGISLATURE -2005-06 REGULAR SESSION ASSEMBLY BILL No. 2015 Introduced by Assembly Member Lieu (Coauthors: Assembly Members Koretz Jerome Horton, Koreg, and Oropeza) (Coauthor: Senator Kuehl) February 10, 2006 An act to amend Section 40420 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 2015, as amended, Lieu. Air quality: South Coast Air Quality Management District: board membership. (1) Existing law, the Lewis -Presley Air Quality Management Act, establishes the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the South Coast Air Basin, and designates that district as the sole and exclusive local agency with the responsibility for comprehensive air pollution control within that basin. Existing law requires the south coast district to be governed by a district board consisting of 12 members, including 3 members appointed, one each, by the city selection committees of Orange, Riverside, and San Bernardino Counties, one member appointed by cities in the western region of the County of Los Angeles, and one member appointed by the cities in the eastern region of the County of 96 AB 2015 —2— Los Angeles. Under existing law, the specified cities in the western and eastern regions of Los Angeles County are required to organize a city selection committee, one per region, and hold a public meeting in order to determine the appointment from each region. Existing law prescribes the cities, including Los Angeles, that comprise the western region of the County of Los Angeles, and provides that those cities not included in the western region are deemed to constitute the eastern region for the purpose of appointing members to the district board. This bill would increase the number of members on the south coast district board from 12 to 13 by adding one new member appointed by the- eity–eeea mayor of the City of Los Angeles from --its membership the members of the city council of the City of Los Angeles. The bill would add the Cities of Calabasas and Malibu to, and exclude Los Angeles from, the list of cities included in the western region of the County of Los Angeles. The bill would authorize, on or after January 1, 2007, the city selection committees of the western and eastern regions of Los Angeles County to meet jointly to alter the list of cities to be included in each of the regions. Because the bill would impose additional duties on cities within the south coast district, this bill would establish a state -mandated local program. The bill would also provide that its provisions shall not be interpreted to limit the rights or terms of south coast district board members appointed as of January 1, 2007. (2) 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: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 40420 of the Health and Safety Code, 2 as added by Section 2 of Chapter 686 of the Statutes of 2003, is 3 amended to read: 96 -3— AB 2015 1 40420. (a) The south coast district shall be governed by a 2 district board consisting of 13 members appointed as follows: 3 (1) One member appointed by the Governor, with the advice 4 and consent of the Senate. 5 (2) One member appointed by the Senate Committee on Rules. 6 (3) One member appointed by the Speaker of the Assembly. 7 (4) Four members appointed by the boards of supervisors of 8 the counties in the south coast district. Each board of supervisors 9 shall appoint one of these members, who shall be one of the 10 following: 11 (A) A member of the board of supervisors of the county 12 making the appointment. 13 (B) A mayor or member of a city council from a city in the 14 portion of the county making the appointment that is included in 15 the south coast district. 16 (5) Three members appointed by cities in the south coast 17 district. The city selection committees of Orange, Riverside, and 18 San Bernardino Counties shall each appoint one of these 19 members, who shall be either a mayor or a member of the city 20 council of a city in the portion of the county included in the south 21 coast district. 22 (6) A member appointed by the cities of the western region of 23 Los Angeles County, consisting of the Cities of Agoura Hills, 24 Avalon, Beverly Hills, Calabasas, Carson, Compton, Culver City, 25 El Segundo, Gardena, Hawthorne, Hermosa Beach, Hidden Hills, 26 Inglewood, Lawndale, Lomita, Malibu, Manhattan Beach, Palos 27 Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling 28 Hills, Rolling Hills Estates, Santa Monica, Torrance, West 29 Hollywood, and Westlake Village. These cities shall organize as 30 a city selection committee for the purposes of subdivision (f), and 31 shall be known as the city selection committee of the western 32 region of Los Angeles County. The list of cities to be included in 33 the western region may be altered as provided in subdivision (i). 34 The member appointed shall be either a mayor or a member of 35 the city council of a city in the western region. 36 (7) A member appointed by the cities of the eastern region of 37 Los Angeles County, consisting of the cities in Los Angeles 38 County that are not listed in paragraph (6) or (8). These cities 39 shall organize as a city selection committee for the purposes of 40 subdivision (f), and shall be known as the city selection 96 AB 2015 —4— I 4- 1 committee of the eastern region of Los Angeles County. The list 2 of cities to be included in the eastern region may be altered as 3 provided in subdivision (i). The member appointed shall be either 4 a mayor or a member of the city council of a city in the eastern 5 region. 6 (8) A member appointed by the-eity-eeufteil the mayor of the 7 City of Los Angeles from-its-�k among the members of 8 the Los Angeles City Council. 9 (b) All members shall be appointed on the basis of their 10 demonstrated interest and proven ability in the field of air 11 pollution control and their understanding of the needs of the 12 general public in connection with air pollution problems of the 13 South Coast Air Basin. 14 (c) The member appointed by the Governor shall be either a 15 physician who has training and experience in the health effects of 16 air pollution, an environmental engineer, a chemist, a 17 meteorologist, or a specialist in air pollution control. 18 (d) Each member shall be appointed on the basis of his or her 19 ability to attend substantially all meetings of the south coast 20 district board, to discharge all duties and responsibilities of a 21 member of the south coast district board on a regular basis, and 22 to participate actively in the affairs of the south coast district. No 23 member may designate an alternate for any purpose or otherwise 24 be represented by another in his or her capacity as a member of 25 the south coast district board. 26 (e) Each appointment by a board of supervisors shall be 27 considered and acted on at a duly noticed, regularly scheduled 28 hearing of the board of supervisors, which shall provide an 29 opportunity for testimony on the qualifications of the candidates 30 for appointment. 31 (f) The appointments by cities in the south coast district shall 32 be considered and acted on at a duly noticed meeting of the 33 applicable city selection committee, which shall meet in a 34 government building and provide an opportunity for testimony 35 on the qualifications of the candidates for appointment. Each 36 appointment shall be made by not less than a majority of all the 37 cities in the portion of the county included in the south coast 38 district having not less than a majority of the population of all the 39 cities in the portion of the county included in the south coast 40 district. Population shall be determined on the basis of the most 96 -5— AB 2015 I recent verifiable census data developed by the Department of 2 Finance. Persons residing in unincorporated areas or areas of a 3 county outside the south coast district shall not be considered for 4 the purposes of this subdivision. 5 (g) The members appointed by the Senate Committee on Rules 6 and the Speaker of the Assembly shall have one or more of the 7 qualifications specified in subdivision (c) or shall be a public 8 member. None of those appointed members may be a locally 9 elected official. 10 (h) All members shall be residents of the district. 11 (i) On or after January 1, 2007, the city selection committee of 12 the western region of Los Angeles County organized under 13 paragraph (6) of subdivision (a) and the city selection committee 14 of the eastern region of Los Angeles County organized under 15 paragraph (7) of subdivision (a) may meet jointly in order to alter 16 the list of named cities to be included in each region. 17 SEC. 2. Nothing in this act shall be interpreted to limit the 18 rights or terms of south coast district board members appointed 19 as of January 1, 2007. 20 SEC. 3. If the Commission on State Mandates determines that 21 this act contains costs mandated by the state, reimbursement to 22 local agencies and school districts for those costs shall be made 23 pursuant to Part 7 (commencing with Section 17500) of Division 24 4 of Title 2 of the Government Code. 0 96