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Home My WebLink About09/20/1994, 8 - PROPOSED MEMBERSHIP COMPOSITION FOR THE COUNTY AIR POLLUTION CONTROL BOARD; (2) CITY COUNCIL REPRESENTATION ON THE APCD BOARD. � f _ MEETING TE: ` Cl O Sd1� LUIS OBISp0 COUNCIL AGENDA REPORT ITEM NUMBER: M: Michael McCluskey, Public Works Director Terry Sanville, Principal Transportation Planne SUBJECT: (1) Proposed Membership Composition for the County Air Pollution Control Board; (2) City Council Representation on the APCD Board. CAO RECOMMENDATION: (1) Adopt a resolution that supports the APCD Board membership composition as recommended by the City Selection Committee (2) By motion, nominate a City Council member for consideration for APCD Board membership. DISCUSSION New State law (AB 75) requires that Air Pollution Control District Boards (APCD) include representation from incorporated cities. AB 75 requires that a new board structure be approved by a majority of the cities which contain a majority of the population in the incorporated area of the district. There are various options for restructuring the membership of APCD boards. These options have been reviewed by the City Selection Committee (the County Mayors Committee). The Committee recommends the following: The Air Pollution Control District Board should have a total membership of twelve. The County Board of Supervisors should account for five Board positions. The mayor or a City Council person from each of the County's incorporated Cities should account for the remaining seven Board positions. Consistent with the recommended APCD Board Structure, the City Council must nominate the mayor or a Council member to represent San Luis Obispo. This nomination will be considered for appointment to the APCD Board by the City Selection Committee. The term of appointment is at the discretion of the City Council. Staff recommends that the term of appointment be two (2) years with the possibility of reappointment for one additional two-year term. FISCAL IMPACTS The Air Pollution Control District Board is self-funded and as such there will be no fiscal impact to the City. RECOMMENDED ACTION Adopt the attached resolution that supports a 12-member structure for the APCD Board. Nominate a City Council member to represent the City on the APCD Board. ATTACHMENTS: Letter from Robert Carr, APCD (September 1, 1994) Q O� I RESOLUTION NO. (1994 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL FORWARDING RECOMMENDATIONS FOR A NEW COMPOSITION FOR THE COUNTY AIR POLLUTION CONTROL DISTRICT BOARD AND NOMINATING A CITY COUNCIL REPRESENTATIVE TO THE BOARD WHEREAS, the California League of Cities sponsored legislation amending Section 40100 of the California Health and safety Code, Assembly Bill 75 (Hauser), which was signed into law on October 11, 1993; and WHEREAS, the amendments require that the governing board of the San Luis Obispo County Air Pollution Control District (APCD) consist of at least one City major of City Council member, and at least one County Supervisor effective July 1, 1994; and WHEREAS, the amendments require that the numbers and composition of the Air Pollution Control County Board shall be determined jointly by the County and Cities within the district, and shall be approved by the County, and by a majority of the cities which contain a majority of the population in the incorporated areas of the district; and WHEREAS, on June 21, 1994, the San Luis Obispo County Board of Supervisors approved a composition for the Air Pollution Control Board of five Supervisors and from five to as many as seven Mayors or City Council members; and WHEREAS, on July 15, 1994, the City Selection Committee, representing each of the seven incorporated Cities in the District, approved a composition for the Air Pollution Control Board of five Supervisors, and seven Mayors or City Council members. NOT THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Air Pollution Control Board Composition:. The City Council agrees that the San Luis Obispo County Air Pollution Control District Board shall hereafter consist of seven City Mayors and/or Council members, one each from each of the seven incorporated Cities in the District, and five County Supervisors. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution as passed and adopted this day of , 1994. ?' Resolution No. 'Mayor Peg Pinard ATTEST: City Clerk Diane R. Gladwell APPROVED: itto_- y G:1wp511APCD TS:is AIR POLLUTION CONTROL DISTRICT COUNTY OF SAN LUIS OBISPO September 1, 1994 John Dunn, City Administrator City of San Luis Obispo P.O. Box 811 San Luis Obispo, CA 93403 SUBJECT: Agreement on Board Composition for the San Luis Obispo County Air Pollution Control District Dear Mr. Dunn: Last year, Assembly Bill 75 (Hauser) amended section 40100 of the California Health and Safety Code, adding cities to the membership of boards of most air pollution control districts in the state. As a result of this legislation, the County Board of Supervisors and the City Selection Committee have considered a new makeup for the San Luis Obispo County Air Pollution Control District Board. Both the Board of Supervisors and the City Selection Committee have approved the addition of one mayor or city council person from each of the seven incorporated cities in the county, for a total of twelve members on the new Air Pollution Control District Board. AB 75 calls for agreement on the new Board makeup by a majority of the cities which contain a majority of the population in the incorporated area of the district. To speed that approval, with the intent of seating a new Board at the earliest opportunity, I have provided the enclosed draft resolution. Please add any heading and signature block needed to adjust the resolution to your city's normal format, and bring it to your council at your earliest convenience for their consideration. Contact me if you would like a District staff member to attend that council meeting, either to make a presentation or to be available for response to any questions. When it has been approved, please send a copy of the resolution to Ms. Vicki Shelby, Clerk of the Air Pollution Control District Board, Room 385, County Government Center, San Luis Obispo, 93408. Five of the seven cities brought the name of their APCD Board appointees to the August 29, 1994 meeting of the City Selection Committee. The Committee approved those members, a step required by AB 75. In the event that your city has not vet appointed a Board member, that action might be taken conveniently when the resolution is considered. AB 75 requires City Selection Committee approval of your candidate before that person can be officially seated on the new Board. The cities represented at the August 29 City Selection Committee expressed interest in convening a new Board as soon as practicable. Under provisions of AB 75, this can occur as soon as a majority of cities containing a majority of the incorporated population have approved the resolution. The first few meetings of the new Board will undoubtedly be devoted to formative 2156 Sierra Way. Suite B•San Luis Obispo, CA 93401 • 805 781-5912 • FAX: 805781 1035 printed on recycled paper UUU 1 discussions and adoption of any new operating procedures found necessary due to the change in Board makeup. At these first meetings, we will begin orienting new Board members to APCD issues and practices. In addition, I anticipate that some substantive changes in APCD rules will need to be brought to the new Board soon. Therefore, I encourage you to bring the resolution to your city council soon, to enable your city's Board member to participate in these early decisions. I anticipate that the new Board might first meet sometime in October. You will recall that I provided you with several documents when I met with you last winter. These included District Rules, the Clean Air Plan, Division 26 of the Health and Safety Code, and a copy of the Federal Clean Air Act. You may wish to provide those documents to your appointee in the event that he or she would like to do some early preparation. Please contact me if you have any questions about this process, or if you would like one of us to attend a council meeting. The changes in our Board bring new challenges and a few uncertainties, but they also promise an opportunity for all of us to grow, to communicate better and to improve District operations. This will help all citizens of the county, as we work together to protect and improve a resource we all treasure— our enviable clean air. Sincerely, /7 V Robert W. Carr, Director Enclosure cc: Peg Pinard, Mayor is