CC - Item 9A - Senate Bill 659• Mk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER L
DATE: JUNE 14, 2011
SUBJECT: SENATE BILL 659 (HERNANDEZ)
SUMMARY
Senate Bill 659 (SB 659) was introduced by Senator Hernandez on February 18, 2011
and was approved by the Senate on May 23, 2011 by a vote of 39 -0. SB 659 would
change the terms of office of the members and alternates appointed to the San Gabriel
Basin Water Quality Authority's Board by water districts and water producers from fixed
four -year terms to "at- will" appointments. The Bill would also repeal the authority for
alternates to serve for the remainder of the member's term if a vacany occurs. A copy
of SB 659 as amended on May 11, 2011 has been attached for your reference.
Staff Recommendation
That the City Council provide direction on this matter.
BACKGROUND /ANALYSIS
The San Gabriel Basin Water Quality Authority Act authorizes the San Gabriel Basin
Water Quality Authority to conduct groundwater remediation activities and sets the
Authority's Board at seven members with four -year terms — three members appointed
by the San Gabriel Valley Municipal Water District, the Upper San Gabriel Valley
Municipal Water District, and the Three Valleys Municipal Water District; one member
elected by specified cities with pumping rights within the San Gabriel Basin; one
member elected by specified cities without pumping rights within the San Gabriel Basin;
and two producer members appointed by the San Gabriel Valley Water Association. SB
659 would authorize each appointing entity to remove and replace the Board member or
alternate at -will without cause.
Setting water quality policies may require difficult decisions that could leave some
individuals dissatisfied. Appointing local elected officials to fixed terms allows them to
make difficult decisions without worrying about negative political reaction. At -will
appointments can sometimes result in officials following popular ideas instead of long-
term goals. The San Gabriel Basin Water Quality Authority's policy has for many years
protected its Board members from political pressure with fixed -term appointments.
While recent decisions may have caused some appointing authorities to desire at -will
appointments, it seems that sound public policy and governance for water quality issues
should encourage the long view and not short -term political expediency.
APPROVED FOR CITY COUNCIL AGENDA: m 3 N
City Council Meeting
June 14, 2011
Page 2 of 2
The District Office for Senator Hernandez has been notified that this matter has been
place on the City Council agenda. A letter for the Mayor's signature opposing SB 50
has been prepared for the Council's consideration and is attached.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Matthew E. Hawkesworth
Assistant City Manager
Attachments: SIB 659 as Amended in Senate on May 11, 2011
City of Whittier letter of June 1, 2011
Draft Letter Opposing SIB 659
AMENDED IN SENATE MAY 11, 2011
AMENDED IN SENATE MARCH 24, 2011
SENATE BILL
No. 659
Introduced by Senator Hernandez
February 18, 2011
An act to amend S__ °s 507 and 508 - ` Section 507 of and to add
Section 301.5 to, the San Gabriel Basin Water Quality Authority Act
(Chapter 776 of the Statutes of 1992), relating to the San Gabriel Basin
Water Quality Authority.
LEGISLATIVE COUNSEL'S DIGEST
SB 659, as amended, Hernandez. San Gabriel Basin Water Quality
Authority: board members.
The San Gabriel Basin Water Quality Authority Act authorizes the
San Gabriel Water Basin Water Quality Authority to plan, finance, and
implement groundwater remediation activities, as prescribed. The act
requires the authority to be governed by a board composed of 7
members, consisting of 3 members appointed by the San Gabriel Valley
Municipal Water District, the Upper San Gabriel Valley Municipal
Water District, and the Three Valleys Municipal Water Distriet;-2
m embers one member elected by specified cities with pumping rights
within the San Gabriel Basin; one member elected by specified cities
without pumping rights within the San Gabriel Basin; and 2 producer
members appointed by the San Gabriel Valley Water Association. The
act prescribes 4 -year terms of office for the board members. The act
also provides for the appointment or election of alternates by each of
those entities.
This bill would authorize each ofthose entities appointing or electing
a board member or alternate, by a majority vote, to remove the board
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SB 659
—2—
member or alternate without cause and at any time prior to the
expiration of the board member's or alternate's term of office, and to
appoint or elect another person as the member or alternate to serve for
the remaining term of the office, as specified.
respeetive appointing atAhorities, instead of holding a 4-yeaf term o
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION]. Section 301.5 is added to the San Gabriel Basin
2 Water Quality Authority Act (Chapter 776 of the Statutes of 1992),
3 to read:
4 Sec. 301.5. "Appointing authority" means the following:
5 (a) With respect to a member or alternate appointed pursuant
6 to subdivision (a) of Section 503, the Board of Directors of the
7 Upper San Gabriel Valley Municipal Water District.
8 (b) With respect to a member or alternate appointed pursuant
9 to subdivision (b) of Section 503, the Board of Directors of the
10 San Gabriel Valley Municipal Water District.
11 (c) With respect to a member or alternate appointed pursuant
12 to subdivision (c) of Section 503, the Board of Directors of the
13 Three Valleys Municipal Water District.
14 (d) With respect to a member or alternate appointed pursuant
15 to Section 503. 1, the board of directors of the Water Association.
16 (e) With respect to the member or alternate appointed pursuant
17 to subdivision (a) of Section 504, the cities with pumping rights.
18 69 With respect to the member or alternate appointed pursuant
19 to subdivision (b) of Section 504, the cities withoutpumping rights.
20 SEC. 2. Section 507 of the San Gabriel Basin Water Quality
21 Authority Act (Chapter 776 of the Statutes of 1992), as amended
22 by Section 7 of Chapter 905 of the Statutes of 2000, is amended
23 to read.-
24 Sec. 507. (a) Except as provided in subdivisions (b) and (c),
25 the terms of the members shall commence on the first Monday in
26 January and each member shall hold office for a term of four years
27 and until the successor takes office.
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(b) With respect to the initial board members, the terms of the
member appointed by the Three Valleys Municipal Water District
and the member elected by the cities without pumping rights shall
expire on January 1, 1995, and the terms of the remaining members
shall expire on January 1, 1997.
(c) The terms of the initial producer members and alternates
shall commence on the first business day after the appointment of
the producer members and alternates. The terms of the initial
producer members and alternates shall expire on the fourth January
1 following commencement of their term.
(d) Notwithstanding subdivision (a), the appointing authority,
by a majority vote, may remove that member or alternate without
cause and at any time prior to the expiration of the member's or
alternate's term of office, and may appoint or elect another person
as a member or alternate. A person appointed or elected pursuant
to this subdivision shall meet the qualifications applicable to the
office and shall serve for the remaining term of the office.
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SB 659
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—4—
no
97
City of Whittier
Cathy Warner
Mayor
13230 Penn Street, Whittier, California 90602 -1772
(562) 567 -9999 www.cityofwhittier.org
June 1, 2011
Via Facsimile
Owen Newcomer
Mayor Pro Tem
Joe Vinatieri
Council Member
Bob Henderson
Council Member
Greg Nordbak
Council Member
Stephen W. Helvey
City Manager
The Honorable Ed Hernandez
Senator, 24 District
State Capitol, Room 4085
Sacramento, CA 95814
Dear Senator Hernandez:
RE: SB 659 (Hernandez). San Gabriel Basin Water Quality
Authority Board Term of Office – NOTICE OF OPPOSITION
UNLESS AMENDED
The City of Whittier opposes Senate Bill 659, unless amended, which
changes the terms of office of the members and alternates appointed
to the San Gabriel Basin Water Quality Authority's Board by water
districts and water producers from fixed four -year terms to at -will
appointments. The Bill also repeals the authority for alternates to
serve for the remainder of the member's term, if a vacancy occurs.
The San Gabriel Basin Water Quality Authority Act authorizes the San
Gabriel Basin Water Quality Authority to conduct groundwater
remediation activities and sets the Authority's Board at seven
members with four -year terms —three members appointed by the San
Gabriel Valley Municipal Water District, the Upper San Gabriel Valley
Municipal Water District, and the Three Valleys Municipal Water'
District; one member elected by specified cities with pumping rights
within the San Gabriel Basin; one member elected by specified cities
without pumping rights within the San Gabriel Basin; and two producer
members appointed by the San Gabriel Valley Water Association.
SB 659 would authorize each appointing entity to remove and replace
the Board member or alternate without cause.
Setting water quality policies may require difficult decisions that could
leave some individuals dissatisfied. Appointing local elected officials
to fixed terms allows them to make difficult decisions without worrying
about negative political reaction. At -will appointments can sometimes
result in officials following popular ideas instead of long -term goals.
The Honorable Ed Hernandez
June 1, 2011
Page 2
The San Gabriel Basin Water Quality Authority's policy has for many
years protected its Board members from political pressure with fixed -
term appointments. While recent decisions may have caused some
appointing authorities to desire at -will appointments, legislators should
encourage the long view and not short-term goals.
Legislators could strike a balance between the stability that comes
from fixed terms and the responsiveness afforded by at -will
appointments by considering an alternative approach. Five of the
members could be appointed for fixed, four -year terms (as in current
law), but could be removed by a unanimous vote of appointing
authority (in the case of members representing Water Districts or the
San Gabriel Valley Water Association). However, we do not see any
way that either the member elected by cities with pumping rights or
the member elected by cities without pumping rights could be "at will"
and would stridently oppose any effort to remove an elected official
from office as suggested in your proposed legislation. We will request
support from the other cities with and without pumping rights to join us
in opposition on this point.
For these reasons, the City of Whittier is opposed to SB 659, unless
amended.
Sincerely,
C tephe Helvey
ity Manager
cc: Senator Ron Calderon
Assembly Majority Leader Charles Calderon
Assembly Member Curt Hagman
Assembly Member Tony Mendoza
League of California Cities
June 14, 2011
The Honorable Ed Hernandez
Senator, 24 District
State Capitol, Room 4085
Sacramento, CA 95814
Dear Senator Hernandez:
RE: SB 659 (Hernandez). San Gabriel Basin Water Quality Authority Board
Term of Office — NOTICE OF OPPOSITION UNLESS AMENDED
The City of Rosemead opposes Senate Bill 659, unless amended, which changes the
terms of office of the members and alternates appointed to the San Gabriel Basin Water
Quality Authority's Board by water districts and water producers from fixed four -year
terms to at -will appointments. The Bill also repeals the authority for alternates to serve
for the remainder of the member's term, if a vacancy occurs.
The San Gabriel Basin Water Quality Authority Act authorizes the San Gabriel Basin
Water Quality Authority to conduct groundwater remediation activities and sets the
Authority's Board at seven members with four -year terms — three members appointed by
the San Gabriel Valley Municipal Water District, the Upper San Gabriel Valley
Municipal Water District, and the Three Valleys Municipal Water District; one member
elected by specified cities with pumping rights within the San Gabriel Basin; one member
elected by specified cities without pumping rights within the San Gabriel Basin; and two
producer members appointed by the San Gabriel Valley Water Association. SB 659
would authorize each appointing entity to remove and replace the Board member or
alternate without cause.
Setting water quality policies may require difficult decisions that could leave some
individuals dissatisfied. Appointing local elected officials to fixed terms allows them to
make difficult decisions without worrying about negative political reaction. At -will
appointments can sometimes result in officials following popular ideas instead of long-
term goals. The San Gabriel Basin Water Quality Authority's policy has for many years
protected its Board members from political pressure with fixed -term appointments.
While recent decisions may have caused some appointing authorities to desire at -will
appointments, legislators should encourage the long view and not short-term goals.
Legislators could strike a balance between the stability that comes from fixed terms and
the responsiveness afforded by at -will appointments by considering an alternate
approach. Five of the members could be appointed for fixed, four -year terns (as in
current law), but could be removed by unanimous vote of appointing authority (in the
case of members representing Water Districts or the San Gabriel Valley Water
Association). However, we do not see any way that either the member elected by cities
with pumping rights or the member elected by cities without pumping rights could be "at-
will" and would stridently oppose any effort to remove an elected official from office as
suggested in your proposed legislation. Furthermore, the two positions elected by cities
are done so through a formal election process conducted by the Authority and is
considered by each individual City Council requiring significant time, staffing and
financial resources We will request support from the other cities with and without
pumping rights to join us in opposition on this point.
For these reasons, the City of Rosemead is opposed to SB 659, unless amended.
Sincerely,
Steven Ly
Mayor
City of Rosemead
cc: Assembly Majority Leader Charles Calderon
Assembly Member Mike Eng
League of California Cities