Proposal:

Reorganize the Advisory Council

Synopsis:

At its January 12, 1996 meeting, the Governing Board asked the Administrative Committee to undertake a comprehensive evaluation of the Advisory Council’s composition, duties and activities, and provide the Board with recommendations for its consideration. This action is to provide recommendations regarding the reorganization of the Advisory Council.

Administrative, November 22, 1996, Recommended for Approval

Recommendation:

Rename certain existing advisory committees/task forces as Advisory Groups; establish the composition and terms of the Advisory Council (to include representatives from each Advisory Group); and define the responsibilities of the Advisory Council.

James M. Lents, Ph.D.
Executive Officer

Background

Beginning in approximately the early 1950s, the Los Angeles Air Pollution Control District had two "advisory" groups. One was an advisory council which consisted of approximately twelve members, including mayors, physicians, and industry and chamber of commerce representatives. These were appointed by the Los Angeles County Board of Supervisors (the then-governing body for the air pollution control district) and one was appointed by the Governor. The second was a 5-member Board of Consultants consisting of prominent citizens, including the heads of the UCLA and USC Medical Schools.

The Board of Consultants provided advice to staff on draft rules. The rules were then presented to the advisory council. Their recommendations were forwarded to the Los Angeles County Board of Supervisors for adoption. (This process was necessary since the Board of Supervisors met on air quality matters only two or three times a year.) Over time these two historic groups evolved into an "Advisory Council."

When the present South Coast Air Quality Management District was formed in 1977, the advisory council concept was retained, and in 1980 added to statute [ Health & Safety Code Section 40428: "There is continued in existence the South Coast Air Quality Management District Advisory Council, which is appointed by the south coast district board, to advise and consult with the south coast district board in effectuating the purpose of this division. The membership and rules of the advisory council shall be as established by resolution of the south coast district board."] . Over the past twenty years, the AQMD has addressed increasingly complex issues relating to the regulation of pollutants, with ever more in-depth evaluations of health and socioeconomic impacts. Today’s AQMD staff is a highly educated, diversified group of professionals with expertise in a wide range of health and environmental fields. To complement their efforts, both staff and the Governing Board have established various advisory groups, panels, task forces, and committees to provide input into the development of recommended policies and proposals. These task-specific groups have assumed the evaluation of issues which might formerly have been brought to the ADVISORY COUNCIL.

The resignation in August of some of the ADVISORY COUNCIL members focused attention on the fact that the various advisory groups now in existence handle a variety of issues, and that there is overlap. The Administrative Committee has evaluated the various committees, task forces, and advisory groups in existence and recommends some consolidation and reorganization to more effectively and efficiently meet the needs of the Governing Board.

A draft of this letter was sent to all members of the Interagency AQMP Implementation Committee (IAIC), the IAIC Technical Advisory Committee (IAIC-TAC), the Ethnic Community Advisory Council, the Socioeconomic Technical Review Committee, the Technology Advancement External Review Group, and the Home Rule Working Group. Eight responses were received and these are attached and summarized in Attachment A. The major points made include:

1. The size of the Advisory Council at 31 was thought to be too large (CCEEB, Pacific Enterprises, County Sanitation Districts of Orange County) and it was suggested (a) that only 2 members of each Advisory Group be appointed to bring membership to 25 (CCEEB) and (b) that there be a Technical Advisory Committee to the Advisory Council (Pacific Enterprises).

2. Some criteria for Board representation on the Council may be helpful to ensure that it is well balanced and represents all points of view (CCEEB) and a liberal use of alternates should be addressed (County Sanitation Districts of Los Angeles County).

3. The economic impact of regulations on Southern California should be added to the charter of at least one advisory group (CCEEB and Pacific Enterprises).

4. The AQMP group seems unnecessary - much of their input can be covered by other five groups and by special ad hoc groups (County Sanitation Districts of Los Angeles County and County Sanitation Districts of Orange County).

5. Three principles should be considered:
   (a) Participants in advisory function must represent good cross-section of the community and must be dedicated to assuring continued progress to a healthier region, both physical health and economic health;
   (b) AQMD should have an ongoing relationship with these individuals so that it can rely on their continuing understanding of the challenges the AQMD faces;
   (c) Each area of expertise should be able to provide the Board with an in-depth analysis of (1) economic and business issues, (2) health and environmental issues, (3) technical and engineering issues, and (4) community impact (Pacific Enterprises).

6. Roles and responsibilities of Advisory Council should be more clearly defined (CCEEB); purpose of Advisory Council should be more lofty and of broader scope and should at least be to provide direct input into the Governing Board’s decision-making process by reflecting the diversity of opinion of the advisory group level (County Sanitation Districts of Los Angeles County and County Sanitation Districts of Orange County).

7. The City of Los Angeles indicates it most significant comment concerns the process. The City "strongly suggests that the Administrative Committee hold a series of open forums to allow a greater opportunity for interested and affected stakeholders to meet to discuss the purpose of each of the advisory groups and the structure and function of the Advisory Council." In addition, the City comments include:
   (a) better define the purpose, composition, timing, and authorities of the Advisory Council before it is created;
   (b) "very concerned about the size of the proposed Advisory Council;"
   (c) object to consolidation of IAIC, IAIC TAC and the Local Government & Small Business Assistance Committee;
   (d) the composition and role of the AQMP group is unclear; and
   (e) membership review should be conducted to ensure active and appropriate membership (rather than automatically including existing members on the re-organized groups).

   The Administrative Committee considered all comments and incorporated some into the recommendations set forth herein.

Proposal

Rename certain existing advisory committees/task forces as consolidated Advisory Groups (see below); establish the composition of the ADVISORY COUNCIL and terms of its members (to include representatives from each Advisory Group); and define the responsibilities of the ADVISORY COUNCIL. The Advisory Groups to be established are:

• Local Government & Small Business Assistance Advisory Group (formerly the IAIC, the IAIC-TAC, and the Local Government & Small Business Assistance Committee);

• Ethnic Community Advisory Group (formerly the Ethnic Community Advisory Council);

• Scientific, Technical & Modeling Peer Review Advisory Group (formerly the Modeling Working Group and Socioeconomic Technical Review Committee);

• Air Quality Management Plan Advisory Group;

• Technology Advancement Advisory Group (formerly the Technology Advancement External Review Group); and

• Home Rule Advisory Group (formerly the Home Rule Working Group).

An interim charter for each Advisory Group is an attachment to the Resolution. In response to several comments received, the Administrative Committee requested staff to return to the December 20, 1996 Administrative Committee meeting with expanded charters for each Advisory Group to better define the purpose and responsibilities of each.

The membership of the above-specified Advisory Groups shall generally consist of the present membership of the committee or group being renamed, although some adjustments may be needed. Members should have expertise to provide in-depth analysis of:

1. economic and business issues,
2. health and environmental issues,
3. technical and engineering issues, and
4. community impacts.

A roster of membership of current advisory groups, panels, task forces, and committees
is provided as Attachment B. In addition, various additional groups have been established to work on specific projects. These groups have provided liaison with affected
individuals and businesses. A comprehensive summary of the existing groups, including standing Governing Board Committees, is provided as Attachment C.

Those groups related to the AQMP will dissolve upon adoption of the AQMP with new groups to be convened when appropriate. The Administrative Committee will review the current membership of the Advisory Groups and other existing Board-established committees/panels/working groups/task forces and return to the Governing Board with recommendations (a) for adjustments to increase or decrease membership of any group as necessary or appropriate for the efficient, cost-effective operation of these groups, and (b) regarding periodic review of membership.

The ADVISORY COUNCIL shall consist of approximately 31 members (depending on the number of Advisory Groups in existence at any given time) representing a cross-section of the community served by AQMD and who demonstrate aptitude and skill to further the AQMD’s mission of continued progress toward achieving air quality standards while sensitive to the economic viability of the Basin, appointed as follows:

• three members from each Advisory Group, appointed by the Chairman of the Governing Board;
• one at-large appointee by each Governing Board member for a total of 12; and
• one Governing Board member who will
  (a) be an ex officio, non-voting member of the ADVISORY COUNCIL;
  (b) serve as Chair of the Advisory Council to conduct the meetings;
  (c) provide liaison with the Governing Board, and may address the Governing Board at its regular meeting regarding the activities of the ADVISORY COUNCIL. The Chairman of the Board shall designate the ex officio member.

To provide continuity of membership, upon initiation of this policy one-half of the appointees shall be for one term of two years and one-half shall be for one term of four years, as drawn by lot. This provision does not apply to the ex officio member. Thereafter, appointments will be for a four-year term. The Chairman of the Board may remove an Advisory Group member at any time for lack of participation, misconduct, or a conflict of interest.

ADVISORY COUNCIL members appointed pursuant to this policy serve without compensation, except for reimbursement of mileage and parking expenses incurred in connection with attendance at ADVISORY COUNCIL meetings. [ Those members of the IAIC, the IAIC-TAC, and the Ethnic Community Advisory Council who presently receive compensation of per diem of $100 plus travel allowance for mileage and parking shall continue to receive such compensation through June 30, 1997 and effective July 1, 1997 shall serve without compensation.] The Chairman of the Board may approve additional expenses (such as for travel) on an as-needed basis upon an advance showing of the necessity of incurring such expense.

The purpose of the ADVISORY COUNCIL is to facilitate communication between designated Governing Board Advisory Groups, to facilitate input into the Governing Board’s decision-making process by reflecting the diversity of opinion of the Advisory Groups, and to participate in the AQMD’s annual summit.

The ADVISORY COUNCIL shall meet at least monthly and shall, quarterly, provide concise written reports to the Governing Board summarizing its activities and shall, twice yearly, meet with the Governing Board to discuss Council activities and goals. AQMD staff shall provide secretarial support to the ADVISORY COUNCIL to help prepare the necessary reports and provide administrative assistance.

All ADVISORY COUNCIL meetings are open to the public and are subject to the Brown Act. Any Governing Board member or Advisory Group member may attend and participate in any ADVISORY COUNCIL meeting.

This proposal is not intended to limit or constrain the efforts of the various implementation groups/committees which staff may, from time to time, establish to seek participation and consensus in addressing AQMD actions or proposals which may affect the citizens and organizations AQMD serves.

Attachment

Resolution

A - Summary of Comments Received and Comment Letters

B - Committees Membership Roster (for Interagency AQMP Implementation Committee (and IAIC-TAC), Ethnic Community Advisory Council, Home Rule Working Group, Socioeconomic Technical Review Committee, Modeling Working Group, Scientific Review Committee and Advisory Council)

C - Summary of Committees/Panels/Working Groups/Task Forces