BILL NUMBER: SB 1455 CHAPTERED 09/30/00 CHAPTER 991 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 28, 2000 AMENDED IN ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY AUGUST 10, 2000 AMENDED IN SENATE MARCH 28, 2000 INTRODUCED BY Senator Schiff FEBRUARY 9, 2000 An act to amend Sections 33200 and 33213 of, to add Section 33200.1 to, and to repeal Section 33216 of the Public Resources Code, relating to the Santa Monica Mountains Conservancy. LEGISLATIVE COUNSEL'S DIGEST SB 1455, Schiff. Santa Monica Mountains Conservancy. (1) Existing law establishes the Santa Monica Mountains Conservancy within the Resources Agency, composed of 8 voting members and 2 ex officio members. This bill would remove the Director of the National Park Service or an employee designated by the director as a voting member, and would add the Superintendent of the Santa Monica Mountains National Recreation Area, or his or her designee, and the Superintendent of the Angeles District of the Department of Parks and Recreation, or his or her designee, as voting members of the conservancy. The bill would require that 3 Members of the Senate, appointed by the Senate Committee on Rules, and 3 Members of the Assembly, appointed by the Speaker of the Assembly, meet with the conservancy on a regular basis and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. (2) Existing law also provides for the Santa Monica Mountains Conservancy Advisory Committee consisting of 23 members, whose duties are to propose and review projects for conservancy action and report to the conservancy regarding the conformity of the projects with the plan approved for the area by the United States Secretary of the Interior, review proposed amendments to the plan and provide opportunities for public participation. This bill would increase the number of members of the advisory committee to 26, including one member to be appointed by the City Council of Sierra Madre, one member to be appointed by the City Council of South Pasadena, and one member to be appointed by the Board of Supervisors of Los Angeles County, thereby imposing a state-mandated local program. (3) Existing law provided that, commencing July 1, 1995, it was the intent of the Legislature that no money be appropriated from the General Fund for the support of the conservancy, and that other funding sources should be utilized on and after that date for the support of the conservancy, including, but not limited to, the Santa Monica Mountains Conservancy Fund, special funds, donations, and local funding sources, and required the conservancy to reduce operations to compensate for loss of General Fund support or seek additional non-General Fund sources of revenue. This bill would delete those provisions. (4) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33200 of the Public Resources Code is amended to read: 33200. (a) The Santa Monica Mountains Conservancy is hereby established within the Resources Agency. The conservancy is composed of nine voting members and two ex officio members. The voting members are as follows: (1) The Superintendent of the Santa Monica Mountains National Recreation Area, or his or her designee. (2) A member representing the City of Los Angeles, appointed by the mayor with the approval of the city council. (3) Three public members who shall be residents of either the County of Los Angeles or the County of Ventura, one of whom shall be appointed by the Governor, one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly. At least one of the public members shall reside within the San Fernando Valley statistical area, as defined in Section 11093 of the Government Code. The seat of a public member shall be deemed vacant if the member changes his or her residence to a county other than Los Angeles or Ventura County. (4) An elected official who is a representative nominated by the city councils of those cities which have at least 75 percent of their areas within the zone who shall be appointed by the Board of Supervisors of the County of Los Angeles or a member appointed by the Board of Supervisors of the County of Los Angeles, or that member's designee. (5) An elected official who is either a member of the City Council of the City of Thousand Oaks or a member of the Board of Supervisors of the County of Ventura and who shall be appointed by the Board of Supervisors of the County of Ventura, or the elected official's designee. (6) The Secretary of the Resources Agency or an employee of the agency designated by the secretary. (7) The Superintendent of the Angeles District of the Department of Parks and Recreation, or his or her designee. (b) (1) The California Coastal Commission and the State Coastal Conservancy shall each appoint an ex officio member who shall be either a member or employee of their respective agency. The ex officio member appointed by the California Coastal Commission and the State Coastal Conservancy shall be nonvoting members, except that the ex officio member appointed by the State Coastal Conservancy may vote on any matter relating to a project undertaken within the coastal zone portion of the zone. (2) On the 10th working day after certification pursuant to Chapter 6 (commencing with Section 30500) of Division 20 of any local coastal program, or any portion thereof, for any portion of the zone, the ex officio member appointed by the California Coastal Commission may vote on any matter relating to a project undertaken within the coastal zone portion of the zone and the ex officio member appointed by the State Coastal Conservancy may not vote on the matter. (c) The chairperson and vice chairperson of the conservancy shall be selected by the voting members of the conservancy for a one-year term. A majority of the total authorized and appointed voting membership of the conservancy constitutes a quorum for the transaction of any business under this division. (d) (1) The following members of the conservancy shall be compensated for attendance at regular meetings of the conservancy at the rate of one hundred dollars ($100) per day: (A) The public members. (B) The member appointed by the Board of Supervisors of the County of Los Angeles or that member's designee, unless the member or designee is also a member of the board of supervisors, in which case no compensation shall be paid. (C) The member appointed by the Board of Supervisors of the County of Ventura or that member's designee, unless the member or designee is also a member of a board of supervisors, in which case no compensation shall be paid. (D) The members appointed by the State Coastal Conservancy and the California Coastal Commission if these members are not employees of their respective agency or are not full-time compensated elected officials. (E) The appointed member representing the City of Los Angeles. (2) All members of the conservancy shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the performance of their duties. SEC. 2. Section 33200.1 is added to the Public Resources Code, to read: 33200.1. Three Members of the Senate, appointed by the Senate Committee on Rules, and three Members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy on a regular basis and participate in its activities, to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. SEC. 3. Section 33213 of the Public Resources Code is amended to read: 33213. (a) The Santa Monica Mountains Conservancy Advisory Committee is hereby created. The advisory committee consists of 26 members, as follows: (1) Fifteen representatives of local governments from jurisdictions including the Santa Monica Mountains, one of whom shall be appointed by the Mayor of the City of Los Angeles, one of whom shall be appointed by the Board of Supervisors of the County of Los Angeles, one of whom shall be appointed by the City Council of the City of Thousand Oaks, one of whom shall be appointed by the Board of Supervisors of the County of Ventura, one of whom shall be appointed by the City Council of the City of Agoura Hills, one of whom shall be appointed by the City Council of the City of Westlake Village, one of whom shall be appointed by the City Council of the City of Malibu, one of whom shall be appointed by the City Council of the City of Calabasas, one of whom shall be appointed by the City Council of Burbank, one of whom shall be appointed by the City Council of Glendale, one of whom shall be appointed by the City Council of La Canada-Flintridge, one of whom shall be appointed by the City Council of Pasadena, one of whom shall be appointed by the City Council of Sierra Madre, one of whom shall be appointed by the City Council of South Pasadena, and one of whom shall be appointed by the Board of Supervisors of Los Angeles County to represent the unincorporated communities within the jurisdiction of the East Rim of the Valley Trail Corridor, after consultation with the Town Council of Altadena and the Crescenta Valley Town Council. (2) Six public members, two of whom shall be appointed by the Governor, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly. (3) One representative of the Rancho Simi Recreation and Park District, to be appointed by the district board of directors. (4) One representative of the Conejo Recreation and Park District, to be appointed by the district board of directors. (5) One representative of the Pleasant Valley Recreation and Park District, to be appointed by the district board of directors. (6) One representative of the City of Santa Clarita, to be appointed by the city council. (7) One representative of the City of Moorpark, to be appointed by the city council. (b) The appointing powers shall make every effort to ensure that the ethnic and racial composition of the advisory committee reflects the racial and ethnic composition of the population of the state. (c) The advisory committee shall select from among its members a chairperson and a vice chairperson. (d) The members of the advisory committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. (e) The advisory committee has the following duties: (1) Propose and review projects for conservancy action and report to the conservancy regarding the conformity of the projects with the plan. (2) Review proposed amendments to the plan. (3) Provide opportunities for public participation. (f) Twelve members of the advisory committee shall constitute a quorum for the transaction of any business of the advisory committee. SEC. 4. Section 33216 of the Public Resources Code is repealed. SEC. 5. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.