LBREPORT.com has learned that a reviewing Deputy Senior Assistant Attorney General has informed the Coastal Commission by letter that [paraphrase] since Garcia was appointed under a Coastal Act provision [cited below] based on his status as a City Council member, he no longer holds that position on taking the Mayor's office which in Long Beach is separate elective office and not (as in most cities) a rotated position held by Councilmembers.

[Update] LBREPORT.com has obtained a letter dated May 29 from the State Attorney General's office to the Coastal Commission, advising that if Garcia is elected Mayor on June 3, it would create a Commission vacancy, and a letter dated May 30 from the Coastal Commission to the state Senate Rules Committee chair/Senate President Pro Tem Darrell Steinberg advising of the possible vacancy. We have embedded the letters below.

Atty Gen'l Letter re Garcia Election Creating Coastal Comm'n Vacancyancy to Steinberg Re Garcia 5...

The Coastal Commission vacancy may set off a scramble among Councilmembers from L.A. County cities -- including Long Beach -- and OC cities, as well as possibly L.A. and OC Supervisors, to seek the position on the state body that controls development along the length of CA's coastline. As previously reported by LBREPORT.com, the Garcia campaign for Mayor of Long Beach held an October 2013 fundraiser in the San Fernando Valley home of an incumbent CA Coastal Commissioner. (LBREPORT.com coverage, click here.)

The Coastal Act (part of the CA Resources Code) sets forth the appointment process below, with pertinent portions in bold face by LBREPORT.com:

30301. The [Coastal] commission shall consist of the following 15 members:
(a) The Secretary of the Resources Agency.
(b) The Secretary of Transportation.
(c) The Chairperson of the State Lands Commission.
(d) Six representatives of the public from the state at large. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two of these members.
(e) Six representatives selected from six coastal regions. The Governor shall select one member from the north coast region and one member from the south central coast region. The Speaker of the Assembly shall select one member from the central coast region and one member from the San Diego coast region. The Senate Committee on Rules shall select one member from the north central coast region and one member from the south coast region. For purposes of this division, these regions are defined as follows:
...(5) The south coast region consists of the Counties of Los Angeles and Orange.

30301.2. (a) The appointments of the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, pursuant to subdivision (e) of Section 30301, shall be made as prescribed in this section. Within 45 days from the date of receipt of a request for nominations by the appointing authority, the board of supervisors and city selection committee of each county within the region shall nominate supervisors or city council members who reside in the region from which the Governor, the Senate Committee on Rules, or the Speaker of the Assembly shall appoint a replacement. In regions composed of three counties, the board of supervisors and the city selection committee in each county within the region shall each nominate one or more supervisors and one or more city council members. In regions composed of two counties, the board of supervisors and the city selection committee in each county within the region shall each nominate not less than two supervisors and not less than two city council members. In regions composed of one county, the board of supervisors and the city selection committee in the county shall each nominate not less than three supervisors and not less than three city council members. Immediately upon selecting the nominees, the board of supervisors and the city selection committee shall send the names of the nominees to either the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, whoever will appoint the replacement.

(b) Within 30 days from the date of receipt of the names of the nominees pursuant to subdivision (a), the Governor, the Speaker of the Assembly, or the Senate Committee on Rules, whoever will appoint the replacement, shall either appoint one of the nominees or notify the boards of supervisors and city selection committees within the region that none of the nominees are acceptable and request the boards of supervisors and city selection committees to make additional nominations. Within 45 days from the date of receipt of a notice rejecting all of the nominees, the boards of supervisors and city selection committees within the region shall nominate and send to the appointing authority the names of additional nominees in accordance with subdivision (a). Upon receipt of the names of those additional nominees, the appointing authority shall appoint one of the nominees.

The CA state Senate Rules Committee is a five member body comprised of 3 Dems and 2 Repubs and chaired by state Senate President Pro Tem Darrell Steinberg (D., Sacramento). The Committee includes state Senator Ricardo Lara (D., Long Beach-Huntington Park).

As previously reported by LBREPORT.com, in filling the vacancy that resulted in the appointment of Garcia to the Coastal Commission, the Senate Rules Committee held no public hearings, conducted no public questioning of prospective appointees and barred the public and press from attending its proceeding on the appointment. In response to a request under the CA Legislative Records Act by LBREPORT.com, the Senate Rules Committee has refused access to written materials it considered, including materials submitted by Garcia and other materials related to his appointment. Committee staff informed LBREPORT.com that the state Senate Rules Committee has operated in this fashion for many years regarding its designated appointments under the Coastal Act to the CA Coastal Commission.

Developing.