BOARD MEETING DATE: July 10, 2009
AGENDA NO. 16

PROPOSAL:

Appoint Attorney Member Alternate to AQMD Hearing Board

SYNOPSIS:

The terms of office for the Hearing Board Attorney Member and the Alternate expire June 30, 2009. At its June 5, 2009 meeting, the Board appointed Julie Masters as the Hearing Board Attorney Member for the term effective July 1, 2009 and ending June 30, 2012, as recommended by the Administrative Committee. However, the candidate recommended by the Administrative Committee for appointment as the Alternate subsequently declined to serve as the alternate. The item was reconsidered by the Administrative Committee at its meeting on June 12, 2009, and another candidate selected for recommendation to the Board. This action is to appoint an alternate attorney member to fill the new term.

COMMITTEE:

Administrative, June 12, 2009, Recommended for Approval

RECOMMENDED ACTION:

Appoint Steve Zikman to the AQMD Hearing Board, as Attorney Member Alternate for the term ending June 30, 2012.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Health and Safety Code Section 40501.1(b) requires the AQMD to appoint a Hearing Board Advisory Committee composed of one representative appointed by each of the Counties of Los Angeles, Orange, Riverside, and San Bernardino, and the City of Los Angeles. A highly qualified and distinguished group of individuals served on the Advisory Committee for this recruitment. They are:  

At the request of the Advisory Committee, selected AQMD staff evaluated the resumes of 11 attorneys, based on the criteria approved by the Committee. The Committee then narrowed the candidates to the following short list of candidates who were invited for interviews by the Administrative Committee at a special meeting on May 1, 2009.

Julie Masters
Laurine Tuleja
Sayre Weaver
Steve Zikman

After interviewing each of the candidates, the Administrative Committee recommended that the Board appoint Julie Masters as Attorney Member, and Laurine Tuleja as Alternate Attorney Member, for terms commencing July 1, 2009 and ending June 30, 2012. Ms. Masters and Ms. Tuleja were subsequently contacted. Ms. Masters indicated her willingness to serve as Attorney Member; however, Ms. Tuleja declined to serve as Alternate Attorney Member. At the June 5, 2009 Board meeting, Ms. Masters was appointed by the Board to the Hearing Board as the Attorney Member, as recommended.
 

Proposal

Ms. Weaver and Mr. Zikman were contacted to confirm their willingness to serve in the alternate position, should they be selected. Mr. Zikman confirmed his willingness to serve in the alternate capacity; however, Ms. Weaver requested that her name be withdrawn from consideration. A summary of Mr. Zikman’s qualifications are set forth below.
 

Alternate Attorney Member

Steve Zikman – Mr. Zikman has eight years of experience as a land use and environmental attorney, and four years as a mediator focusing on environmental, land use, and other public policy matters. In his work as an attorney since 1986, he has appeared before many quasi-judicial administrative tribunals and hearing boards on matters related to land use and environmental issues. Most recently, Mr. Zikman was retained as a mediator by the Metropolitan Transportation Authority regarding the agency’s I-1710 Corridor EIR/EIS Project from the Ports of Los Angeles and Long Beach to the 60 freeway. He has also had experience with arbitration through his involvement with Pepperdine University, where he sits on the Council of Distinguished Advisors. Mr. Zikman received his Juris Doctorate in 1984 from the York University Osgoode Hall Law School, Toronto, Canada.
 

Fiscal Impacts

Sufficient funds are budgeted each year to compensate those who serve on the Hearing Board.