2007 SEP 04 - CC PACKET REVJ
J
K F R 1 T
aC,
%_ xo0
REVISED AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the
jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the
Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing
portion of such item. The time limit for comments is five (5) minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence and the
organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City
Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must
include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes
or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days
prior to the meeting and they do not exceed five (5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 4, 2007 - 7:00 P.M.
NOTE: Item 15 regarding the City's position on SB886, a bill which expands municipal
representation in the SCAQMD Board of Directors has been added to the Agenda.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION —
Next Resolution # 4520
Next Ordinance # 1408
PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides
3
PRESENTATIONS -
(a) Proclamation recognizing the 220th Anniversary of the drafting of the Constitution of the
United States of America.
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The
Council will respond to comments after Public Communications is closed.
1. Pursuant to the procedure set forth on the first page of this Agenda, resident Jack
Axelrod has requested that the following items be placed on the City Council
Agenda for possible discussion and action by the Council. The Council is not
required to discuss or take action on these items.
1. Cease starting public meetings with a religiously based "invocation ". If the
community wants to hold a prayer meeting, let it be following city business.
2. End the practice of starting Council Meetings with a group Loyalty Oath. Replace it
with readings of sections of the Bill of Rights by willing high school students.
3. Initiate a Resolution for the immediate impeachments of Cheney, Bush, Rice and
Gonzalez. They have broken Federal and International laws, and are arguably guilty
of War Crimes.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
Recommendation - Approval.
B. SPECIAL ORDERS OF BUSINESS
2. Consideration and possible action (Public Hearing) regarding the Fiscal Year 2007-
2008 Preliminary Budget and Five -Year Capital Improvements Plan including
discussion and possible direction regarding all City revenues and expenditures.
Recommendation - (1) Open Public Hearing; (2) Staff presentation of the 2007 -2008
Preliminary Budget and Council direction to staff regarding all City General Fund and
other revenues and expenditures (includes potential discussion and direction relating to
all City Department revenues and expenditures); (3) Continue the Public Hearing to
September 18, 2007; (4) Schedule the budget adoption for the September 18, 2007
meeting; (4) Alternatively, discuss and take other action related to this item.
11
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
3. Consideration and possible action regarding a recommendation by the Investment
Advisory Committee to adopt the City's Investment Policy. (Fiscal Impact: None)
Recommendation — (1) Adopt City's Investment Policy as submitted; (2) Alternatively,
discuss and take other action related to this item.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of
an item is made, the item(s) will be considered individually under the next heading of business.
4. Warrant Numbers 2561207 to 2561435 on Register No. 22 in the total amount of
$2,492,772.59 and Wire Transfers from 8/10/2007 through 8/23/2007 in the total
amount of $2,620,065.89.
Recommendation — Approve Warrant Demand Register and authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
5. Special City Council Meeting Minutes of August 8, 2007; Special City Council
Meeting Minutes of August 20, 2007; Regular City Council Meeting Minutes of
August 21, 2007.
Recommendation — Approval.
6. Consideration and possible action to approve the use of the vehicle graphics of the
El Segundo Police Department, including the City seal, on a new special edition
"Matchbox" die -cast replica toy police vehicle, and related play sets, to be
designed and produced by Mattel, Inc. (Fiscal Impact: None)
Recommendation — (1) Receive attached prototype depiction of replica police vehicle and
authorize the City Manager to sign the attached Mattel, Inc. Licensor Approval Form; (2)
Authorize the City Manager to execute a License Agreement with Mattel, Inc. in a form
approved by the City Attorney, to allow the use of the vehicle graphics, including the City
seal, of the El Segundo Police Department for production of die -cast replica toy police
vehicles and related play sets; (3) Alternatively, discuss and take other action related to
this item.
5
7. Consideration and possible action to approve a contract with Meggitt Defense
Systems Caswell to repair, modernize and upgrade the Police Department firing
range with a computerized target system in an amount not to exceed $67,100 in
COPS grand funds.
Recommendation — (1) Authorize the City Manager to execute a contract approved by the
City Attorney with Meggitt Defense Systems Caswell not to exceed $67,100 for repairs,
modernization and upgrades of the police department firing range; (2) Alternatively,
discuss and take other action related to this item.
8. Consideration and possible action regarding the award a Standard Public Works
Contract to KDC, Inc., dba Dynalectric for construction of the Nash Street/Douglas
Street One -Way to Two -Way Street Conversion Project from Imperial Highway to El
Segundo Boulevard; authorization to employ the County of Los Angeles
Department of Public Works (LACDPW) for inspection and testing services for the
project; and, authorization to negotiate a change order for installation of a 30 -foot
tower for aircraft surveillance camera equipment near the intersection of Imperial
Avenue and Hillcrest Street. Approved Capital Improvement Project. Project No.
PW 07 -09. (Fiscal Impact: Construction contract amount = $1,209,900, LACDPW
inspection and testing = $175,000, Early turn tower installation = $10,000)
Recommendation — (1) Authorize the City Manager to execute a Standard Public Works
Contract in a form as approved by the City Attorney with KDC, Inc., dba Dynalectric
(Dynalectric) in the amount of $1,209,900.00 for construction of the Nash Street/Douglas
Street One -Way to Two -Way Street Conversion Project from Imperial Highway to El
Segundo Boulevard; (2) Authorize the use of County of Los Angeles Department of Public
Works inspection and materials testing services for the Project pursuant to the provisions
of the General Services Agreement with Los Angeles County in an amount not to exceed
$175,000; (3) Authorize the City Manager to execute a change order to the recommended
Contract with Dynalectric for installation of a 30 -foot tower for aircraft surveillance camera
equipment near the intersection of Imperial Avenue and Hillcrest Street in an amount not
to exceed $10,000; and, (4) Alternatively, discuss and take other action related to this
item.
9. Consideration and possible action regarding the purchase of a heating boiler from
R.F. MacDonald Company for the replacement of the heating system boiler at the
Library (111 W. Mariposa Avenue). (Fiscal Impact = $18,370.66)
Recommendation — (1) Authorize issuance of a purchase order to R.F. MacDonald
Company in the amount of $18,370.66; (2) Alternatively, discuss and take other action
related to this item.
2
10. Consideration and possible action regarding first amendment of Professional
Services Agreement No. 3451 between Accounting, Tax and Advisory of Orange
County, LLC (CBIZ) and the City of El Segundo for $60,000 due to the vacancy of
the Director, Administrative Services position in the Administrative Services
Department. (Fiscal Impact: $60,000 off -set with salary savings of $104,000)
Recommendation — (1) Authorize the City Manager to amend Professional Services
Agreement No. 3451 on behalf of the City for temporary professional accounting services
with CBIZ for an amount not to exceed $60,000, as approved to form by the City Attorney;
(2) Alternatively, discuss and take other action related to this item.
11. Consideration and possible action regarding extending the Professional Services
Agreement No. 3450 for financial auditing services with Lance, Soll & Lunghard for
one year through the end of Fiscal Year 2007 -2008. (Fiscal Impact: Fiscal Year
2007 -2008 $36,500)
Recommendation — (1) Authorize the City Manager to approve a one -year extension
amendment of Professional Services Agreement No. 3450 for auditing services with
Lance, Soll & Lunghard through 2007 -2008 for $36,500 as approved to form by the City
Attorney; (2) Alternatively, discuss and take other action related to this item.
12. Consideration and possible action regarding the presentation of fiscal year 2006-
2007 Third Quarter Financial Budget Review. (Fiscal Impact: None)
Recommendation — (1) Receive and file Fiscal Year 2006 -2007 Third Quarter Financial
presentation; (2) Alternatively, discuss and take other action related to this item.
13. Consideration and possible action regarding the approval of a list of consultants to
provide environmental review services pursuant to California Environmental
Quality Act guidelines (CEQA) and National Environmental Policy Act (NEPA)
regulations to assist the City in the processing of entitlement projects and the
authorization for the City Manager to sign Professional Service Agreements for
developer reimbursed environmental review services in amounts not to exceed
$75,000. (Fiscal Impact: None)
Recommendation — (1) Approve the attached list of consultants to provide environmental
review services; (2) Authorize the City Manager to sign Professional Service Agreements
for applicant reimbursed environmental review services approved as to form by the City
Attorney in an amount not to exceed $75,000; (3) Alternatively, discuss and take other
action related to this item.
CALL ITEMS FROM CONSENT AGENDA
7
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher -
Council Member Jacobson —
Council Member Boulgarides —
Mayor Pro Tem Busch -
14. Consideration and possible action regarding the appointment of an ad hoc City
Council subcommittee to review and make recommendations on City
environmental policies and programs. (Fiscal Impact: None)
Recommendation — (1) Approve the appointment of an ad hoc City Council subcommittee
to be comprised of two Council Members to review City environmental policies and
programs and make recommendations to City Council on additional energy saving action
items; (2) Alternately, discuss and take other action related to this item.
15. Consideration of possible action regarding the City's position on SB 886 (Negrete
McLeod), a bill which expands municipal representation on the Southern California
Air Quality Management District (SCAQMD) Board of Directors.
Recommendation — (1) Approve resolution supporting the passage of SB 886; (2)
Alternately, discuss and take other action related to this item.
Mayor McDowell —
8
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The
Council will respond to comments after Public Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or
conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); andlor conferring with the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: 3c9 ,:;2cy2
TIME:
NAME: r
N
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Reports— City Council Members
AGENDA DESCRIPTION: Consideration of possible action regarding the City's position on SB 886
(Negrete McLeod), a bill which expands municipal representation on the Southern California
Air Quality Management District (SCAQMD) Board of Directors.
RECOMMENDED COUNCIL ACTION: (1) Approve resolution supporting the passage of SB 886; (2)
Alternately, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
SB 886 (Negrete McLeod) seeks to expand local government representation on the SCAQMD
Board and provide more equitable representation for cities. This bill expands the SCAQMD
Board from twelve to thirteen members and accommodates separate seats for a city within the
western sector of the County, as well as, the City of Los Angeles. The bill also eliminates the
two term limit for the chairpersons of the South Coast, Sacramento and Mojave Desert air
quality management districts. Furthermore, the bill realigns SCAQMD representation sectors
within Los Angeles County and moves the cities of Artesia, Bell, Bellflower, Bell Gardens,
Calabasas, Huntington Park, La Habra Heights, La Mirada, Lakewood, Long Beach, Lynwood,
Malibu, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal
Hill, South Gate, Vernon and Whittier into the western region.
The City Council previously took action at its March 20, 2007 meeting to support a similar bill
(AB391) authored by Assemblymember Ted Lieu.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution of City Council supporting SB 886 (Negrete McLeod).
2. Copies of SB 886 (Negrete McLeod), bill analysis and current bill status
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: —Yes X_ No
ORIGINATED BY: DATE:
Eric Busch, Mayor Pro Tern
REVIEWED BY: DATE:
(
913 elo 7
Jeff Stewart, i y Manager
15
A RESOLUTION OF THE
CITY OF EL SEGUNDO
SUPPORTING SB 886 (NEGRETE MCLEOD)
WHICH ENHANCES MUNICIPAL REPRESENTATION
ON THE SCAQMD BOARD OF DIRECTORS
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. It is in the interest of all municipal governments that cities be
equitably represented on policy- making regional boards;
B. The current number of municipal representatives on the South
Coast Air Quality Management District (SCAQMD) does not fully
recognize cities in the South Bay, Southeast and Westside regions
of Los Angeles County and places the cities of Calabasas and
Malibu in what is identified by statute as the Eastern Sector of the
SCAQMD jurisdiction;
C. Providing separate seats for a city within the South Bay, Southeast
and Westside regions of Los Angeles County, and the City of Los
Angeles will ensure that the population of the City of Los Angeles
and the populations of smaller cities in the Western and Southeast
county regions are represented on the SCAQMD Board
commensurate with their populations and regional interests;
D. Realigning cities within Los Angeles County into sectors which are
more geographically equitable is significant and important to
regional policy decision - making;
SECTION 2: The City of El Segundo supports SB 886 by Assemblymember
Negrete McLeod which requires a change in membership of the SCAQMD Board
to add 1 additional municipal member for the Western Sector of the County of
Los Angeles.
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution;
record this Resolution in the book of the City's original resolutions; and make a
minute of the adoption of the Resolution in the City Council's records and the
minutes of this meeting.
SECTION 4: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 4th day of September, 2007.
Kelly McDowell,
Mayor
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger
Assistant City Attorney
AMENDED IN ASSEMBLY JULY 12, 2007
AMENDED IN ASSEMBLY JUNE 20, 2007
AMENDED IN SENATE APRIL 9, 2007
SENATE BILL No. 886
Introduced by Senator Negrete McLeod
(Principal coauthor: Assembly Member Lieu)
(Coauthor: Senator Vincent)
(Coauthors: Assembly Members 9yrnally, Silva, I)ymally and Soto)
February 23, 2007
An act to amend Sections 40420, 40425, 40981, and 41221 of the
Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 886, as amended, Negrete McLeod. Management districts: district
board.
(1) 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 as the local agency with the
responsibility for comprehensive air pollution control within the basin.
The act requires the election of a chairperson of the south coast district
board every 2 years, and requires that no member serve more than 2
consecutive terms as chairperson.
Existing law establishes the Sacramento Metropolitan Air Quality
Management District within the County of Sacramento, and requires
the election of a chairperson of the Sacramento district board every 2
years, and requires that no member serve more than 2 consecutive terms
as chairperson.
96
SB 886 —2—
Existing law establishes the Mojave Desert Air Quality Management
District within certain areas of San Bernardino and Riverside Counties,
and requires the election of a chairperson of the Mojave Desert district
board even year, and requires that no member serve more than 2
consecutive terms as chairperson.
This bill would delete all of the above - referenced prohibitions on a
member serving more than 2 consecutive terms as chairperson.
(2) The Lewis - Presley Air Quality Management Act 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 Los Angeles. The specified cities in each region are
required to organize a city selection committee and hold a public
meeting to determine the appointment from the 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 Mayor of the City of Los Angeles from among the members of the
Los Angeles City Council. The bill would add certain cities to, and
exclude Los Angeles from, the list of cities included in the western
region of the County of Los Angeles. The bill would exclude the Cities
of Lancaster, Los Angeles, and Palmdale from the cities included in
the eastern region.
The bill would require the member serving on the board as of June
1, 2007, appointed by the western region of Los Angeles County to be
deemed to be the member appointed by the Mayor of the City of Los
Angeles until the end of that member's term, and would require the
member serving on the district board as of June 1, 2007, appointed to
represent the eastern region of Los Angeles County to be deemed to be
the member appointed to represent the western region. The city selection
committee of the eastern region of Los Angeles County would be
required to convene promptly to make an appointment.
Because the bill would impose additional duties on cities within the
south coast district, this bill would establish a state - mandated local
program.
96
3— SB 886
(3) 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 no reimbursement is required by this act
for a specified reason.
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 is
2 amended to read:
3 40420. (a) The south coast district shall be governed by a
4 district board consisting of 13 members appointed as follows:
5 (1) One member appointed by the Governor, with the advice
6 and consent of the Senate.
7 (2) One member appointed by the Senate Committee on Rules.
8 (3) One member appointed by the Speaker of the Assembly.
9 (4) Four members appointed by the boards of supervisors of the
10 counties in the south coast district. Each board of supervisors shall
11 appoint one of these members, who shall be one of the following:
12 (A) A member of the board of supervisors of the county making
13 the appointment.
14 (B) A mayor or member of a city council from a city in the
15 portion of the county making the appointment that is included in
16 the south coast district.
17 (5) Three members appointed by cities in the south coast district.
18 The city selection committee of Orange, Riverside, and San
19 Bernardino Counties shall each appoint one of these members,
20 who shall be either a mayor or a member of the city council of a
21 city in the portion of the county included in the south 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 Artesia, Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills,
25 Calabasas, Carson, Cerritos, Commerce, Compton, Cudahy, Culver
26 City, Downey, El Segundo, Gardena, Hawaiian Gardens,
27 Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park,
28 Inglewood, La Habra Heights, La Mirada, Lakewood, Lawndale,
29 Lomita, Long Beach, Lynwood, Malibu, Manhattan Beach,
30 Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
96
SB 886 —4—
1 Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
2 Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
3 South Gate, Torrance, Vernon, West Hollywood, Westlake Village,
4 and Whittier. These cities shall organize as a city selection
5 committee for the purposes of subdivision (f), and shall be known
6 as the city selection committee of the western region of Los
7 Angeles County. The member appointed shall be either a mayor
8 or a member of the city council of a city in the western region.
9 (7) A member appointed by the cities of the eastern region of
10 Los Angeles County, consisting of the cities in Los Angeles County
11 that are not listed in paragraph (6) or (8), and excluding the Cities
12 of Lancaster, Los Angeles, and Palmdale. These cities shall
13 organize as a city selection committee for the purposes of
14 subdivision (f), and shall be known as the city selection committee
15 of the eastern region of Los Angeles County. The member
16 appointed shall be either a mayor or a member of the city council
17 of a city in the eastern region.
18 (8) A member appointed by the Mayor of the City of Los
19 Angeles from among the members of the Los Angeles City
20 Council.
21 (b) All members shall be appointed on the basis of their
22 demonstrated interest and proven ability in the field of air pollution
23 control and their understanding of the needs of the general public
24 in connection with air pollution problems of the South Coast Air
25 Basin.
26 (c) The member appointed by the Governor shall be either a
27 physician who has training and experience in the health effects of
28 air pollution, an environmental engineer, a chemist, a
29 meteorologist, or a specialist in air pollution control.
30 (d) Each member shall be appointed on the basis of his or her
31 ability to attend substantially all meetings of the south coast district
32 board, to discharge all duties and responsibilities of a member of
33 the south coast district board on a regular basis, and to participate
34 actively in the affairs of the south coast district. No member may
35 designate an alternate for any purpose or otherwise be represented
36 by another in his or her capacity as a member of the south coast
37 district board.
38 (e) Each appointment by a board of supervisors shall be
39 considered and acted on at a duly noticed, regularly scheduled
40 hearing of the board of supervisors, which shall provide an
96
-5— SB 886
1 opportunity for testimony on the qualifications of the candidates
2 for appointment.
3 (f) The appointments by cities in the south coast district shall
4 be considered and acted on at a duly noticed meeting of the city
5 selection committee, which shall meet in a government building
6 and provide an opportunity for testimony on the qualifications of
7 the candidates for appointment. Each appointment shall be made
8 by not less than a majority of all the cities in the portion of the
9 county included in the south coast district having not less than a
10 majority of the population of all the cities in the portion of the
11 county included in the south coast district. Population shall be
12 determined on the basis of the most recent verifiable census data
13 developed by the Department of Finance. Persons residing in
14 unincorporated areas or areas of a county outside the south coast
15 district shall not be considered for the purposes of this subdivision.
16 (g) The members appointed by the Senate Committee on Rules
17 and the Speaker of the Assembly shall have one or more of the
18 qualifications specified in subdivision (c) or shall be a public
19 member. None of those appointed members may be a locally
20 elected official.
21 (h) All members shall be residents of the district.
22 (i) (1) The member who was serving on the district board as
23 of June 1, 2007, who had been appointed to represent the eastern
24 region of Los Angeles County shall be deemed on January 1, 2008,
25 to be the member appointed to represent the western region of Los
26 Angeles County pursuant to paragraph (6) of subdivision (a) and
27 shall serve from January 1, 2008, until the end of the term of office
28 for the member who had been appointed to represent the western
29 region of Los Angeles County. At the end of that term, the city
30 selection committee of the western region of Los Angeles County
31 shall make an appointment pursuant to paragraph (6) of subdivision
32 (a).
33 (2) The member who was serving on the district board as of
34 June 1, 2007, who had been appointed to represent the western
35 region of Los Angeles County shall be deemed on January 1, 2008,
36 to be the member appointed pursuant to paragraph (8) of
37 subdivision (a) until the end of that member's term. At the end of
38 that term, the Mayor of the City of Los Angeles shall make an
39 appointment pursuant to paragraph (8) of subdivision (a).
VO
SB 886
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
6—
(3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly
to make an appointment pursuant to paragraph (7) of subdivision
(a).
SEC. 2. Section 40425 of the Health and Safety Code is
amended to read:
40425. The south coast district board shall elect a chairperson
every two years from its membership.
SEC. 3. Section 40981 of the Health and Safety Code is
amended to read:
40981. The Sacramento district board shall elect a chairperson
every two years from its membership.
SEC. 4. Section 41221 of the Health and Safety Code is
amended to read:
41221. The Mojave Desert district board shall elect a
chairperson every year from its membership.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
LGI
96
SB 886 Senate Bill - Bill Analysis
SENATE THIRD READING
SB 886 (Negrete McLeod)
As Amended July 12, 2007
Majority vote
SENATE VOTE :22 -13
LOCAL GOVERNMENT 5 -2
_SB 886.
Page 1
NATURAL RESOURCES 6 -3
Page 1 of 6
-----------------------------------------------------------------
lAyes:lCaballero, De La Torre, lAyes:lHancock, Brownley,
Lieber, Saldana, Soto IFuentes, Laird,
JSaldana, Wolk
-----+--------------------------+-----+--------------------------
INays:lHouston, Smyth INays:lFuller, Aghazarian, Keene
I I i I
----------------------------------------------------------- - - - - --
APPROPRIATIONS 11 -4
-----------------------------
lAyes:lLeno, Caballero, Davis,
IDeSaulnier,
Huffman, Karnette,
JKrekorian, Lieu,
JMa, Nava, Solorio
-----+-------------------------- ------ +--------------------- - - - - -I
�Nays:lWalters, La Malfa,
INakanishi,
Sharon Runner
----------------------------------------------------------- - - - - --
SUMMARY Adds an additional seat on the board directors of the
South Coast Air Quality Management District (SCAQMD) for the
City of Los Angeles, makes clarifying provisions regarding which
cities are represented by which geographical city selection
committee, and deletes prohibitions on a member serving more
than two consecutive terms as chair on specified air quality
management districts. Specifically, this bill .
1)Increases the board membership of SCAQMD from 12 to 13
members.
http: / /www.leginfo.ca.gov /pub /07- 08/bill /sen /sb_ 0851- 0900 /sb_886_cfa_20070829_l 6500... 8/30/2007
SB 886 Senate Bill - Bill Analysis
Page 2 of 6
SB 88.6
Page 2
2)Requires the Mayor of the City of Los Angeles to appoint a
member of the Los Angeles City Council to SCAQMD.
3)Removes the City of Los Angeles from the list of cities
represented by the western region
of Los Angeles County city selection committee.
4)Adds the Cities of Artesia, Bell, Bellflower, Bell Gardens,
Calabasas, Cerritos, Commerce, Cudahy, Downey, Hawaiian
Gardens, Huntington Park, La Habra Heights, La Mirada,
Lakewood, Long Beach, Lynwood, Malibu, Maywood, Montebello,
Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal
Hill, South Gate, Vernon, and Whittier to the list of cities
represented by the western region of the Los Angeles County
city selection committee.
5)Specifies that the cities that make up the eastern region of
Los Angeles County include all
of the cities not included in the western region and excluding
the Cities of Lancaster, Los Angeles, and Palmdale.
6)Specifies that the person who was last appointed to the board
by the city selection committee of the eastern region of Los
Angeles County as of June 1, 2007, shall automatically become
the representative for the western region on January 1, 2008,
serving until the term expires; at the end of this term the
city selection committee for the western region shall make an
appointment.
7)Specifies that the person who was last appointed to the board
by the city selection committee of the western region of Los
Angeles County as of June 1, 2007, shall automatically become
the representative for the City of Los Angeles on January 1,
2008, and shall serve until the term expires; at the end of
that term the Mayor of Los Angeles shall make an appointment.
8)Requires the city selection committee of the eastern region of
Los Angeles County to meet promptly after January 1, 2008, to
appoint a member to SCAQMD.
9)Deletes prohibitions on a member serving more than two
consecutive terms as chair of the SCAQMD, the Sacramento
Metropolitan Air Quality Management District ( SMAQMD), and the
SB 886
Page 3
http: / /www.leginfo.ca.gov /pub /07 -08/bi l l /senlsb _0851- 0900/sb_886_cfa_20070829_ 16500... 8/30/2007
SB 886 Senate Bill - Bill Analysis
Mojave District Air Quality Management District (MDAQMD).
EXISTING LAW .
1)Specifies that SCAQMD is governed by a district board
consisting of 12 members appointed by the following entities:
a) One member appointed by the Governor;
b) One member appointed by the Speaker of the Assembly;
c) One member appointed by the Senate Rules Committee;
d) Four members appointed by the boards of supervisors of
the counties in SCAQMD (these can be either supervisors or
council members from a city within the county making the
appointment);
e) One member each appointed by the city selection
committees of Orange, Riverside, and San Bernardino
Counties;
f) One member appointed by the city selection committee for
the western region of Los Angeles County; and,
g) One member appointed by the city selection committee for
the eastern region of Los Angeles County.
2)Requires that all members must be appointed based on their
demonstrated interest and proven ability in the field of air
pollution control and their understanding of the needs of the
general public in connection with air pollution problems in
the South Coast Air Basin.
3)Specifies that the member appointed by the Governor must
either be a physician who has training and experience in the
health effects of air pollution, an environmental engineer, a
chemist, a meteorologist, or a specialist in air pollution
control.
4)Requires that when a city is selected by a city selection
committee to be the representative
for a specified area, each appointment must be made by a
majority of all the cities in the portion of the county
SB 886
Page 4
included in SCAQMD having a majority of the population
of all the cities in the portion of the county included in
SCAQMD.
Page 3 of 6
http: / /www.leginfo.ca.gov /pub /07- 08/bill /sen/sb_ 0851- 0900 /sb_886_cfa_20070829_16500... 8/30/2007
SB 886 Senate Bill - Bill Analysis
5)Designates air pollution control districts and air quality
management districts to regulate the stationary sources of air
pollution to meet state and federal air standards.
6)Requires SCAQMD to elect a chairman every two years from its
membership and specifies that no member shall serve more than
two consecutive terms as chairman.
7)Requires SMAQMD to elect a chairman every two years from its
membership and specifies that no member shall serve more than
two consecutive terms as chairman.
8)Requires MDAQMD to elect a chairperson every year from its
membership and specifies that no member shall serve more than
two consecutive terms as chairperson.
FISCAL EFFECT According to the Assembly Appropriations
Committee, there are minor costs to SCAQMD related to additional
board member. The bill states that no state reimbursement is
required, because the local government affected by this measure
have authority to levy fees to cover the costs.
Page 4 of 6
COMMENTS SCAQMD is the air pollution control agency for all of
Orange County and the urban portions of Los Angeles, Riverside
and San Bernardino counties. This area of 10,743 square miles
is home to over 16 million people - about half the population of
the whole state of California. It is the second most populated
urban area in the United States, and one of the smoggiest.
SCAQMD is responsible for controlling emissions primarily from
stationary sources of air pollution. These can include anything
from large power plants and refineries to the corner gas
station.
SCAQMD's governing board adopts policies and regulations that
promote clean air within its four - county area. Federal and
state law requires that SCAQMD achieve clean air standards to
protect public health. Before it makes decisions that affect
local residents and businesses, SCAQMD must consider ideas and
comments from the public. The opportunity to comment begins in
public workshops and ends with a public hearing before the
SB 8.86
Page 5
governing board where anyone can testify or present written
comments.
Currently, in order for a city selection committee to choose
which city within their region will represent them on SCAQMD, a
majority of the cities within the region, holding a majority of
the population, must select the representative. The city
selection committee for the western region of Los Angeles County
http: / /www.leginfo.ca.gov /pub /07- 08/bill /senlsb_0851- 0900 /sb_886_cfa_20070829_l 6500... 8/30/2007
SB 886 Senate Bill - Bill Analysis
currently contains 25 cities, including the City of Los Angeles.
The City of Los Angeles has approximately 3.9 million people
and the remaining 24 cities together contain about 1.1 million
people. Under current restrictions, even if the 24 cities
banded together against the City of Los Angeles when making the
selection for a representative, they would never be able to beat
the City of Los Angeles in population numbers. Thus under
current law the western region seat is almost a de facto seat
for the City of Los Angeles. The other western cities never
have an opportunity to serve on the board. Proponents of the
bill state that providing separate seats for a city within the
western region and the City of Los Angeles will ensure that the
populations of each area are adequately represented.
Until 1996, a city selection committee's appointment for SCAQMD
needed approval from two - thirds of the cities with two- thirds of
the cities' populations. When some cities withheld their votes,
the city selection committees couldn't make appointments. The
Legislature then reduced the threshold to a majority of the
cities with a majority of the cities' population. Although they
have the power to not vote as a majority for the appointment of
a Los Angeles City Council Member, the 14 south bay cities are
either unwilling or unable to stand together and make the
decision to deny SCAQMD appointment to a Los Angeles City
Councilmember. The Legislature may wish to ask if local elected
officials won't use the power that state law gives them, why
should legislators intervene in this local political dispute?
The statutes that govern SCAQMD, SMAQMD, and MDAQMD require the
governing boards to elect a chairperson from among their
members. The statutes that created SCAQMD prohibit a board
member from serving more than two consecutive terms as the
chairman. The statutes that created SMAQMD and MDAQMD imposed
the same term limits on their chairpersons. However, the
statutes that govern the other air pollution control districts
and air quality management districts do not limit the board
chairs' terms. This bill repeals the term limits for the chairs
SB 886
Page 6
of SCAQMD, SMAQMD, and MDAQMD.
Parts of SB 886 are almost identical to AB 2015 (Lieu) of 2006,
which died on the Senate Appropriations Committee's suspense
file and AB 391 (Lieu) of 2007 that was set for hearing in the
Assembly Local Government Committee, but was pulled at the
request of the author. Last year amendments were made to AB
2804 (Salinas) in the Senate Appropriations Committee that
inserted language to repeal the term limit of the chairman of
the SCAQMD board. Subsequent amendments on the Senate Floor
removed that provision. The exact same thing happened in AB 1457
(Baca) .
Page 5 of 6
http: / /www.Ieginfo.ca.gov /pub /07- 08/bill /sen/sb_ 0851- 0900 /sb_886_cfa_20070829_16500... 8/30/2007
SB 886 Senate Bill - Bill Analysis
Page 6 of 6
Analysis Prepared by Katie Kolitsos / L. GOV. / (916)
319 -3958
FN: 0002458
http: / /www.leginfo.ca.gov /pub /07- 08/bill /sen/sb_ 0851- 0900 /sb_886_cfa_20070829_16500... 8/30/2007
SB 886 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE : S.B. No. 886
AUTHOR(S) I Negrete McLeod (Principal coauthor: Assembly Member
Lieu) (Coauthor: Senator Vincent) (Coauthors: Assembly
Members Dymally and Soto).
TOPIC Management districts: district board -
HOUSE LOCATION ASM
+LAST AMENDED DATE 07/12/2007
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
State - Mandated Local Program
Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 08/27/2007
LAST HIST. ACTION Read second time. To third reading.
FILE ASM THIRD READING
FILE DATE 08/30/2007
ITEM 131
COMM. LOCATION ASM APPROPRIATIONS
COMM. ACTION DATE 08/22/2007
COMM. ACTION Do pass.
COMM. VOTE SUMMARY Ayes: 11 Noes: 04 PASS
TITLE An act to amend Sections 40420, 40425, 40981, and 41221
of the Health and Safety Code, relating to air pollution.
Page 1 of 1
http: / /www.leginfo.ca.gov /pub /07- 08/bill /sen/sb_0851- 0900 /sb_886_bi11_20070829_status... 8/30/2007