HomeMy WebLinkAbout2000-02-01; City Council; 15606; Regional Infrastructure And Transportation AgencyXIY OF CARLSBAD - AGEl’. A BILL
AB# ]S,bob TITLE:
MTG. a -\-oo SENATE BILL 329: THE FORMATION OF
THE REGIONAL INFRASTRUCTURE AND
DEPT. cti I
TRANSPORTATION AGENCY (RITA)
DEPT. HD.
CITY MGRe
RECOMMENDED ACTION:
Due to the current vagueness of this legislation, the lack of detailed analysis on what RITA is
designed to do, what the potential costs and benefits are, the various unresolved technical issues, and
it’s inconsistency with the Council’s Legislative Platform, it is staffs recommendation that the City
Council choose one of the following positions
1. OPPOSE
2. OPPOSE UNLESS AMENDED
Background:
SB 329, authored by Senator Steve Peace (D-Chula Vista) which originally dealt with Electrical
Facility Property taxation, has been amended. The current content of SB 329 now focuses on the
creation of a new government entity known as the Regional Infrastructure and Transportation Agency
(RITA). Based upon the current legislation, RITA would merge the following agencies:
l San Diego Association of Governments (SANDAG)
l San Diego Air Pollution Control District (APCD)
l San Diego Metropolitan Transit Board (MTDB)
l North San Diego County Transit Development Board (NCTD)
l San Diego Unified Port District (Port District)
l Infrastructure Financing Districts in the Border Development Zone
According to the legislation, SB 329 was created to address regional needs that the current agencies
have not been able to meet.
While SB 329 combines the above mentioned agencies and their powers and duties, it fails to specify
what happens to the agencies it replaces. Also included in the legislation is the specific provision that
RITA will have the ability to “Acquire by eminent domain any property necessary to carry out its
powers or functions”. However, in an effort to address local concerns, the legislation makes mention
of not having “the ability to supercede the land use planning and development authority of the County
of San Diego or the cities in the San Diego region”.
RITAs Structure:
SB 329 sets up control of RITA through the creation of a Board of Directors. This board will be
comprised of 10 members who will be initially appointed by the Govenor, then elected by wards.
The board will also further be defined between North County and the Metropolitan area (5 members
from each). Note: The specific wards (area which each covers) are to be determined by the initial
Governor-appointed Board. The legislation calls for the RITA Board members to be initially
appointed for a term of 4 or 6 years then transition into those of elected officials. As elected officials,
SB 329 caps the board members salary at the County Board of Supervisor’s level.
PAGE 2 OF AGEN&,LL NO. 6,bOb
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SB 329 specifies that RITA’s board, as a whole, will act on any decision affecting the powers, duties,
rights, and obligations of the agency relating to the following:
. Airports,
. SANDAG,
l APCD,
Furthermore the five (5) board members from the Metropolitan area will be responsible for:
l Financing Districts in the border zone,
. MTDB,
l Port District (other than airport discussions),
While the five (5) board members from the Northern area will oversee matters relating to:
. NCTD
SB 329 specifies the timeframe for the development of RITA to happen on or after July 1,200O.
Attached for further review is the amended SB 329, the October 22,1999, SANDAG Board Report on
this ISSUE, and the North County Transit District analysis of the proposed legislation.
City Interests:
In exploring an issue such as SB 329, staff feels that it is important to clarify those issues that are
critical to protecting the City’s interests. The following points represent the fundamental City
interests in this matter:
l City needs to maintain the close linkage that currently exists between General-Purpose
governments by having cities involved in regional planning issues.
l Currently the City enjoys input on regional issues through direct representation on the SANDAG
Board of Directors, while under SB 329, the City would not have such representation.
l As specified in the City Council’s Legislative Platform, it is paramount that the City oppose
legislation that weakens local autonomy or home rule authority to govern municipal affairs.
Questions and Concerns:
l The proposed formation of RITA is obviously designed to address some perceived
problem/deficiency. However, that problem has not been clearly identified and communicated.
Until that problem is identified, there is some concern as to what political structure would be best
at addressing that need. Also, the nature of the problem (short-term or long-term) becomes
important as well.
l Because RITA will be a compilation of the existing agencies, without any apparent additional
powers, it is unclear what benefit the agency will serve.
l Under RITA, there seems to be disconnection between transportation planning and land use
planning.
d
PAGE 3 OF AGENDiiiLL NO. 15, bob
l Because RITA would be a state agency, it may have de facto land use authority in situations that
fit its needs (ex. A city may not have control where RJTA decides to site a road, airport, or rail
line).
l RITA would appear to deal with major transportation issues however, CALTIUNS seems to be
left out of the process.
l RITA appears to further fragment decision-making and regional cooperation since cities are not
represented on the Agency board.
l As mentioned in the attached SANDAG Board Report, there is relatively little duplication or
overlap in the roles or responsibilities of the agencies to be combined. Also, because of the lack
of analysis on this issue, there are no estimates on what the potential efficiency gains would be.
l A regional vote rather than a vote of the State Legislature may more appropriately determine the
formation of RITA.
l The role of evaluating the consolidation of the various agencies involved may be more
appropriately handled by the Local Agency Formation Commission (LAFCO), not the State
Legislature.
l Also included in the SANDAG report, the question of what happens to SANDAG after the
legislation is enacted because SANDAG is a Joint Powers Agency, with certain responsibilities
that are not “controlled” by state law.
Fiscal Impact:
The potential costs and/or savings relating to this issue have not yet been evaluated.
. EXIBITS,
1. SB 329
2. 1 O/22/99 SANDAG Staff Report
3. North County Transit District Analysis
3
SB 329Senate $ill - AMENDED
BILL NUMBER: SB 329 AMENDED BILL TEXT
Exhibit 1
AMENDED IN ASSEMBLY SEPTEMBER 9, 1999 AMENDED IN SENATE APRIL 28, 1999 AMENDED IN SENATE MARCH 15, 1999
INTRODUCED BY Senator Peace n..:
FEBRUARY 8, 1999
Government Code, relating to public agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 329, as amended, Peace. -P?wperty tz~z.ticz: clactria I * * l---l --m San Diego Regional Infrastructure and Transportation Agency . (1) Under existing law, there are a number of agencies involved with transportation and infrastructure issues in the County of San Diego. This bill, on and after July 1, 2000, would create the San Diego Regional Infrastructure and Transportation Agency, specify the membership and terms of the agency's board of directors, and specify the powers and duties of the agency. By imposing duties on the
agency, which would be an entity of regional government, and the governing board of the agency, the bill would create a state-mandated 1 ocal program. (2) 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 $l,OOO,OOO 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.
Lt
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SB 32?4enate Bill - AMENDED
. . act f3r 2 3pclfzx2 rzm Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
rr,,c: ‘I 4-L-
Title 7.55 (commencing with Section 67150) is added to the Government Code, to read:
TITLE 7.55. SAN DIEGO REGIONAL INFRASTRUCTURE AND TRANSPORTATION AGENCY CHAPTER 1. GENERAL PROVISIONS
67150. This title shall be known and may be cited as the San Diego Regional Infrastructure and Transportation Agency Act. 67150.1. The Legislature finds and declares all of the following:
(a) Unlike the state’s other metropolitan regions, the San Diego
region consists of a single county with highly interdependent problems, challenges, and opportunities.
lb) The region's residents strongly support efforts to protect the environment, sustain economic development, and ensure the equitable distribution of the costs and benefits of environmental protection and economic development. (c) Among the problems facing the San Diego region are increasing congestion of airports, ports, and surface transportation routes caused by present and future growth in the transportation of freight,
goods, passengers, and commuters. The congestion of the San Diego region's transportation systems occurs because of the movement of goods and people through the region between Mexico and the rest of the United States, along routes that run both north-south and west-east. ld) Among the challenges facing the San Diego region is the need to connect regional solutions with regional problems of transportation congestion, especially the movement of freight and
goods, and air quality. (e) Among the opportunities facing the San Diego region is the chance for state and local agencies to cooperate on solutions within the region. lf) The search for regional solutions to regional problems is complicated by the fragmentation of public responsibility and accountability among many existing state and local agencies, each of which pursues its own mission without connecting to the full range of problems, challenges, and opportunities facing the San Diego region.
67150.2. The Legislature further finds and declares that the failure of existing state and local agencies to cooperate on the
problems, challenges, and opportunities facing the San Diego region warrants the creation of a regional agency with sufficient power and accountability to carry out regional solutions to regional problems.
67150.3. This title is necessary for the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes. 67150.4. Any action to determine the validity of the organization or of any action of the agency shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. 67150.5. As used in this title: (a) "Agency" means the San Diego Regional Infrastructure and Transportation Agency. (b) JfBoard'l means the board of directors of the agency. (c) "Executive director" means the executive director of the
agency. (d) "Metropolitan area" means that portion of territory within the boundaries of the County of San Diego that is not within the 5
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SB 329 Senate @ill - AMENDED
northern area, as defined in subdivision (f). lel ffMetropolitan area division" means the five members of the board who represent the metropolitan area. (f) "Northern area" means that portion of territory within the boundaries of the County of San Diego that is described in Section 125052 of the Public Utilities Code. (g) "Northern area division 'I means the five members of the board who represent the northern area.
(h) "San Diego region" means the territory located within the
boundaries of the County of San Diego. *
CHAPTER 2. ORGANIZATION AND GOVERNANCE
67151. There is hereby created the San Diego Regional Infrastructure and Transportation Agency, 67151.1. A board of directors consisting of 10 members shall govern the agency. 67151.2. (a) Except for the members appointed to the initial board pursuant to subdivision (a) of Section 67151.3, the directors shall serve for terms of four years. (b) Any vacancy in the office of an appointed member shall be filled pursuant to Section 1779. Any vacancy in the office of an elected member shall be filled pursuant to Section 1780.
(c) Each appointed member of the board may designate an alternate to serve and vote in the absence of that appointed member. 67151.3. (a) On or before July 1, 2000, the Governor shall appoint 10 persons as members of the initial board. The Governor shall appoint five persons who are residents of the metropolitan area and five persons who are residents of the northern area. To the extent feasible, it is the intent of the Legislature that the persons appointed to the board by the Governor be broadly representative of the geographic, ethnic, racial, gender, and cultural diversity of the residents of the San Diego region. (b) The 10 members initially appointed by the Governor shall determine, by lot, the expiration dates for their initial terms. The terms of four members shall expire on January 1, 2003. The terms of six members shall expire on January 1, 2005. Their successors shall be elected by electoral wards. (c) On or before November 1, 2001, the board shall divide the agency into 10 electoral wards. The board shall divide the metropolitan area into five electoral wards and the board shall divide the northern area into five electoral wards. The board shall assign a number to each electoral ward. Using the last decennial federal census as a basis, the electoral wards shall be as nearly equal in population as possible. In establishing the boundaries of the electoral wards the board may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests of the electoral wards. (d) The board shall adjust the boundaries of the electoral wards before November 1 of the year following the year in which each decennial federal census is taken. If the board finds that the
population of any electoral ward has varied so that the divisions no
longer meet the criteria specified in subdivision (c), the board
shall adjust the boundaries of the electoral wards so that the electoral wards shall be as nearly equal in population as possible. (e) Each elected member shall be a resident of the electoral ward from which he or she is elected. 67151.4. (a) The officers of the board are a chair and vice-chair. The board may create additional officers and elect members to those positions. However, no member may hold more than one office. (b) The term of office for the officers of the board is two years.
(c) On or before July 1, 2000, the Governor shall appoint the initial chair of the board. At its first meeting on or after July 1, 2000, the board shall elect its initial vice-chair. 67151.5. Meetings of the board, the metropolitan area division, and the northern area division are subject to the provisions of the (0
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SB 329 Senate ,@ill - AMENDED
Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5. 67151.6. (a) Six members of the board shall constitute a quorum for transaction of the business of the board. Three members of the metropolitan area division shall constitute a quorum for transaction of the business of that division. Three members of the northern area division may constitute a quorum for transaction of the business of that division.
(b) The board and its divisions shall act only by ordinance,
resolution, or motion. (c) Except as specifically provided to the contrary in this part, all of the following apply to the board or the divisions: (1) A recorded vote by not less than six members of the board is required on each action of the board. (2) A recorded vote by not less than three members of the metropolitan area division is required on each action of the division. (3) A recorded vote by not less than three members of the northern area division is required on each action of the division. 67151.7. (a) Each appointed member may receive one hundred dollars ($100) for attending each meeting of the board or its divisions. The number of meetings for which a member may receive compensation may not exceed 10 meetings in any calendar month.
(b) Each elected member shall receive a salary that does not
exceed the salary paid to the members of the Board of Supervisors of the County of San Diego. (c) Each member may receive actual, necessary, and reasonable
compensation for the expenses incurred in the performance of duties required or authorized by the board. 67151.8. (a) The agency is subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).
(b) The agency may require that its election of members of its board of directors be held on the same day as the statewide general election pursuant to Section 10404 of the Elections Code. 67151.9. (a) Administrative authority for the agency is vested in the office of the executive director. (b) The executive director shall be appointed and may be dismissed by the chair of the board, subject to ratification by the board.
CHAPTER 3. POWERS AND DUTIES
67152. Notwithstanding any other provision of law and except as provided in this title, on and after July 1, 2000, the agency shall have all of the powers, duties, rights, and obligations of all of the following entities: (a) The San Diego Association of Governments created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. (b) Infrastructure financing districts in the border development zone created pursuant to Chapter 2.9 (commencing with Section 53398) of Part 1 of Division 2 of Title 5. (c) The San Diego Air Quality Management District created pursuant to Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code. (d) The San Diego Metropolitan Transit Development Board created pursuant to Division 11 (commencing with Section 120000) of Part 15
of the Public Utilities Code. (e) The North San Diego County Transit Development Board created pursuant to Division 11.5 (commencing with Section 125000) of Part 15 of the Public Utilities Code. (f) The San Diego Unified Port District created pursuant to Chapter 67 of the Statutes of 1962, First Extraordinary Session, as amended. 67152.1. The agency shall have and may exercise all rights and
powers, expressed or imp1 ied, necessary to carry out the purposes and intent of this title, including, but not limited to, the power to do all of the following: (a) Sue and be sued. (b) (1) Acquire any property within the San Diego region by any
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SB 329Senate aill - AMENDED
means. (2) Hold, manage, occupy, dispose of, convey and encumber
property. (3) Create a leasehold interest in the property for the benefit of the agency. (cl Acquire by eminent domain any property necessary to carry out any of its powers or functions. (d) Appoint necessary employees, define their qualifications and duties, and provide a pay schedule for performance of their duties. (el Employ counsel. (f) Enter into and perform all necessary contracts. (g) Adopt a seal and alter it at pleasure. (h) Adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3. (i) Establish and enforce rules and regulations for the administration, operation, and maintenance of facilities and services. (jl Enter joint powers agreements pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. (k) Provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.5 of Title 1. 67152.2. Nothing in this title may be construed to allow the agency to supersede the land use planning and development authority of the County of San Diego or the cities in the San Diego region. 67152.3. (a) The board shall act on any decision affecting the powers, duties, rights, and obligations of the agency relating to any of the following: (1) Airports. (2) The San Diego Association of Governments. (3) The San Diego Air Quality Management District. (b) The metropolitan area division shall act on any decision affecting the powers, duties, rights, and obligations of the agency relating to any of the following: (1) Infrastructure financing districts in the border zone. (2) The San Diego Metropolitan Transit Development Board. (3) The San Diego Unified Port District, other than decisions
relating to airports. (c) The northern area division shall act on any decision affecting the powers, duties, rights, and obligations of the agency relating to the North San Diego County Transit Development Board. 67152.4. (a) It is the intent of the Legislature that the executive director shall reduce the management expenses of the
agency, reduce the number of management employees, and streamline the management of the operations of the agency. (b) On or before October 1, 2000, the executive director shall file with the board a report that identifies the senior management positions within the agency and the total compensation for each senior management position. This report shall also indicate the executive director's plans for reducing the management expenses of the agency, reducing the number of management employees, and streamlining the management of the operations of the agency by
December 31, 2000. On or before January 1, 2001, the executive director shall file with the board a report that describes the progress in implementing those plans. SEC. 2. 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 ($l,OOO,OOO), reimbursement shall be made from the State Mandates Claims Fund. SEC. 3. Section 1 of this act shall become operative on July 1,
2000. All matter omitted in this version of the bill appears in the bill as amended in the Senate April 28, 1999. (JR 11)
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,sJAN. 2Ei I995 8: 18AM -
San Diego Association of Governments
October 22,1999
BOARD OF DIRECTORS
NO. 0207 P. 2
EXHIBIT 2
AGENDA REPORT No.: W-IO- 1 4- 6
Action Requested: INEORlMATION
LEGISLATSW UPDATE;
SB 329 (PEACE) - SAN DIEGO REGIONAL INPlWSTRUCTURE
AND TlWNSPORTA~ON AGENCY ACT
Introduction
During the find hours of the legislative year, State Senator Steve Peace amended SB 329 to include his proposal to establish a new state-mandated governmental agency in the San Diego region which consolidates some existing regional and subregional agencies under one separately elected
board of directors representing 10 districts (“wards”) throughout the region
The new agency, called the San Diego Regional Infrastructure and TransporWion Agency. (‘TUTA”), would assume these regional agencies’ existing responsibilities. No new responsibilities are proposed. The cities and the County would m be represented on the agency board.
The bill raises tnany serious public policy issues and numerous legal and technical issues. The bill may be heard by the legislature when the session begins in January. It is in the Assembly Local Government Committee. A copy of the biIl is attached,
At various times throughout the last 25 years, SANDAG has initiated studies or has been responsive to legislation on regional governance issues and organizational structure. Recently SANDAG has been studying the opportunities for the state to assist local governments in
providing greater opportunities for creating sustainable, prosperous regions by establishing a new stat&cal tax system. The new tax system, which has been proposed by SANDAG, would be of substantial benefit to effective growth management in Cailifomia.
The Executive Committee reviewed the bill and dir&ed staff to arrange a joint meetig of the affected agencies with Senator Peace to address issues raised by the bill, and to use this report for purposes of describing some of the Executive Committee’s concems,
DiSCUSSiOn
The bill proposes that the many federal, state and locally designated responsibilities carried out voluntarily by cities and the County through SANDAG would instead be carried out by another
,JAN. 26. 1995 8:18AM NO. 0207 Pa 3
layer (separately elected) of government controlled by state law, The new agency would take effect on July 1,200O. Attachment 1 provides a more detailed outline of the bill.
Policy Issues - SB 329
The bill raises many serious public policy issues. Among them are some of the following
Puts regional organization under the legislature, thereby sacrificing local control over many land use and transportation decisions and procedures and polities that are of substantial
municipal concern
Establishes no new responsibilities or authofity to czq out existing responsibilities. It merely modifies the leadership for existing responsibilities.
The agency specifically would have no “land use authority,” therefore limiting its ability to
affect implementation. SANDAG works through general purpose local agencies working
together to gain consensus on regional issues.
Leaves out representation from cities and the County. SANDAG represents evervone. Also,
eliminates the fair “weighted vote”,
The only new proposal in the bill is that there are additional directly elected ofikes available by “d&W” which overlap current jurisdictional boundaries. Arguably, elected district officials would not have any greater regional focus than cities. .
There has been no demonstrated need for the biu. Currently, there is no duplication or
overlap in the roles or responsibilities of agencies to be combined. Therefore, no known
efficiency would result from the change.
Mixes predominantly operating agencies (Port, APCD) with primarily policy-making agencies (SANDAG). The likely result would be do minance of day--y operations at the cost of long-range planning, and the loss of checks and balances of the current system (i.e,, the bill
would make funding and operating agencies one in the same).
Changes to governmen forum over a r t such as those proposed in SB 329 should be considered in an open easonable period of time, assuring agencies and citizens an opportunity to adequately respond. This bill instead proposes one view of govemment reorganization to be implemented by July.
In addition to these policy issues, there are numerous legal and technical issues raised by the bill. The most important, from SANDAG’s perspective, is that state law cannot cause the wholesale
elimination of SANDAG as a JPA. Parkularly, it cannot tiansfer certain responsibilities that are not “controlled” by state law.
2 \O
JAN. 2t 1995 8:18AM NO. 0207 P. 4
Alternatives to St3 329
At various times throughout the last 25 years, SANDAG has initiated studies of regional
governance issues and organizational structure, and has been responsive to a wide variety of
legislation proposing to modify regional governance within San Diego County and statewide. Most of the serious studies have resulted in positive change and new responsibilities for
SANDAG. SANDAG remains willing to work with state lawmakers and others to address
functional and organizational issues as it has consistently done in the past. Also, SANDAG
annually reviews its operations and accomplishments to determine its effectiveness in serving the
region and its members.
Most recently, SANDAG has been studying, the opportunities for the state to assist local governments in providing greater opportunities for creating sustainable, prosperous regions by establishing a new state-local tax system 7’hrough the protection of local revenues and increased
local government’s budgetary control and flexibility, the new tax system which has been
proposed by SANDAG, would be of substantial benefit to effective growth management in California. During the last year, Senator Peace has indicated he is also interested in state-local tax reform and may look at Constitutional changes. Local and regional agencies should work with the Senator to assist in carrying this proposal forward. This would result in substantial efficiencies for all government.
Past Review of Regional Governance
. Late 1970’s, early 1980’s: Various legislative proposals including one to establish state-
mandated regional government and one to transfer SANDAG to the County were introduced, SANDAG (then CPO) established the Callahan (Mayor, Coronado) Task Force of elected
officials and the Ad Hoc Committee on 00’s Role and Responsibilities. The Committee consisted of five members of the Board and reprexx&ttives of business, civic and interest groups. Both committees studied regional governance issues and structure. Assemblyman Kapiloff established the Kapiloff Blue Ribbon Commission on Regional Planning comprised of state and local elected officials and community leaders to do the same.
Finally, based on the results of that work, the CPO Board appointed an Organizational Review Committee chaired by Mayor Will Hyde (City of Chula Vista) to make the final recommendations on implementing the Kapiloff Commission recommendations.
Result: The JPA and Bylaws were amended. CPO became SANDAG with a strengthened role
in regional decision making through formal working agreements with a variety of single purpose regional and subregional agencies, the annual evaluation of the organization was established, the citizen participation, research and information systems and public information programs were strengthened, and conflict resolution was provided.
. Lute 1980’s; the County submitted and the voters approved Proposition C, the Regional Planning and Growth Control Measure, c&cfing the establishment of a regional growth manage-t review board. The Blue Ribbon Committee, chaired by Supervisor Brian Bilbray, studied how to best implement the voter’s recommendations. All functions and methods of establishing a regional board, from legislative to voluntarily, were reviewed.
3
;,JAN, 26. 1995 8:19AM -. NO, 0207 P. 5
Result: SANDAG’s Joint Powers Agreement and Bylaws were amended to establish SANDAG as the Regional Planning and Growth Management Review Board. A Regional Growth Management Strategy was required and local general plans were to be selfcertified forconsistency.
w Early 1990’s: Numerous legislative proposals were introduced to establish mandated regional government in all regions of the state. The most noteworthy of these was the proposal by Speake.r Willie Browr~ to consolidate spedal purpose regional functions into a single regional
agency. SANDAG was recognized by the author as complying with the goals of the
legislation by having a “consolidated” regional growth management process.
Also, SANDAG was involved in reviewing and making recommendations on the findings of
the 1993 Report of the Growth Management Council to Governor Wilson chaired by Richard Sybert of OPR entitled, “Strategic Growth:’ Taking Charge of the Future - A Blueprint for
CaIifornia.” The Report argued for skengthening the role of Councils of Governments and
raised the issue of fiscal reform to deal with the fkalization of land use.
Rmdt: SANDAG assumed new state and locally delegated responsibilities and initiated its
study of state-local fiscal reform.
Action by MIDB
The Metropolitan Transit Development Board (MIDB) has reviewed SB 329 and has raised serious concerns about the short time frame proposed for implementation. The members have also raised other important policy, khnical and legal questions about the bill. The M’IDB
Executive Comr&ee has proposed that h4TDB should consider addressing the biil by examining regional functions, not agendes, and make any recommendations on the broad public policy issues raised by the bill after such review.
Action by NCID
The North San Diego County Transit Development Board has acted to establish an ad hoc legislature committee to analyse possible revisions to state law relakd to transit and to address SB 329.
Executive Director
&f
Attachment
Key Staff Contact: Debra GreenfIeld, (619) 595-5366; emaib dgr@sandag.cog.ca.us
4
;,JAN. 2F. 1995 8: 19AM NO, 0207 P. 6
Attachment 1
SUMMARY OF SB 329
PREAMBLE
The legislative declaration indicates that the general purpose of the bill is co resolve regional problems which exist because of a failure of existing state and local agencies CO cooperate.
AGENCY
The RITA would have the powers of;
The San Diego Association of Governments (SANDAG) #
The San Diego Air Pollution Contiol Districi. (APCD) 3kd’
The San Diego Me&opolitan Transit Development Board (MTDB) a r&O
The North San Diego County Transit Development Board (NCTD) 5t-o-t”
The San Diego Unified Port District (Port District) 5* InErastxucture Financing Districts in the Border Development Zone
The powers would specifically incIude the power to acquire by eminent domain any property necessary
to carry out any of its powers or functions. However, on the other hand, the bill also restricts the power
to effectuate decisions by providing that, “nothing in this grant of authority may be construed to allow
the RlTA to supersede the land use planning and development authority of the County of San Diego or
the cities in the San Diego region.”
GOVERNING BOARD
The Board of Directors would consist of 10 members. The members would serve four year terms.
Jnitial Board
The initial 10 board members would be appointed by the Governor on or before luly 1, 2ooO. Five persons would be appointed from the metropolitan area and five persons fkom the northern (NCTD)
area. The alternates would be appointed by the members themselves. The terms of four members
would expire on January 1, 2003. The terms of six members expire on January 1, 2005. Their successors will be elected by electorial wards.
Elected Board
By November 1, 2001, the initial appointed board shall establish 10 electoral wards nearly equal in
population, Members will be elected from the wards (5 from the metropolitan area and 5 from the
northern area) to fill the expired initial board member’s positions,
Divisions of the Board
The Board will consist of a metropolitan area division and a northern area division which conduct
decisions on the specific business of that division. The Board as a whole will act on decisions affecting
airports, SANDAG and the AFCD,
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Exhibit 3
January 14,200O
The Honorable Claude Lewis
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008- 1949
RE: Policy Issues Related to Senate Bill 329 (Peace)
Dear
On January 6,2000, the North San Diego County Transit Development Board
(NSDCTDB) approved three actions in response to Senate Bill 329, sponsored by Senator
Steve Peace. This is the proposed legislation that would create a “Regional Infrastructure
and Transportation Agency,” or RITA. As Chairman of the Board, I would like to
communicate these actions to you.
First, the Board respectfully requests that your Council docket an item that would provide
direction to your NCTD Board representative concerning SB 329. Secondly, the Board
directed that a letter be sent that communicates the policy issues that were developed by
the NCTD Board Legislative Committee regarding the bill. And, thirdly, the Board
approved an action that, if so desired by your city, Martin Minkoff, Executive Director of
NCTD, or his designated staff person, and C. Michael Cowett, NCTD Legal Counsel,
would be available to attend your Council meeting as a resource.
The following attachment describes the proposed legislation, the understood legislative
purposes, and related policy issues. The attachment is intended to facilitate discussion
and direction from your Council to your NCTD Board representative, as well as state
legislators.
Please do not hesitate to contact Martin Minkoff at (760) 967-2867 or me should you
desire NCTD representation at your Council meeting or would like to discuss this further.
Thank you in advance for your prompt attention.
Sincerely,
Druker, Chairman
North San Diego County Transit Development Board
cc: Raymond Patchett, City Manager
Members of the NSDCTDB
Martin Minkoff, Executive Director
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
810 M,rs,on Avenue, Oceonrtde. CA 92054
760-967 2828
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ATTACHMENTA
SB 329 SUMMARY DESCRIPTION AND POLICY ANALYSIS
INTRODUCTION
Senator Peace has introduced legislation that would create a new agency called the
Regional Infrastructure and Transportation Agency (RITA) which would have the
powers of:
Zone.
The San Diego Association of Governments (SANDAG):
The San Diego Air Pollution Control District (APCD);
The San Diego Metropolitan Transit Development Board (MTDB);
The North San Diego County Transit Development Board (NCTD);
The San Diego Unified Port District (Port District); and
The Infrastructure Financing Districts in the Border Development
SB 329 would have a fundamental impact on local governance in San Diego County.
This memo describes the legislation and the policy issues that the NCTD Board of
Directors believes should be evaluated by its member city councils, and the Board of
Supervisors. This policy analysis is intended to facilitate discussion from which
each member city council would provide direction to its NCTD representative and
state legislators.
THE LEGISLATION
Powers
The powers of the new agency would include the powers of the agencies it would
replace. Very importantly, the legislation specifically provides that RITA would not
have land use planning and development authority now held by the County of San
Diego and the cities in the San Diego Region.
GoverninP Board
The Board of Directors of the new agency would consist of ten members. The
members would serve four-year terms.
Initial Board
The Governor on or before July 1,200O would appoint the initial ten board
members. Five persons would be appointed from the metropolitan area and five
persons from the Northern (NCTD) area. The members would appoint the
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alternates themselves. The terms of four members would expire on January 1,2003.
The terms of six members would expire on January 1,2005. Electoral wards would
elect their successors.
Elected Board
By November 1,2001, the initial appointed board would establish ten electoral
wards nearly equal in population. Members would be elected from the wards (five
from the metropolitan area and five from the northern area) to fill the expired
initial board member positions.
Board Comuensation
Appointed directors would receive per diem of $100.00 per meeting not to exceed
ten meetings per month. Elected directors would receive a salary not to exceed the
salary of the San Diego County Board of Supervisors (currently $94,000).
Divisions of the Board
The Board would consist of a metropolitan area division and a northern area
division of each of which make decisions on specific business of that division. The
Board as a whole would act on decisions affecting airports, SANDAG, and the
APCD.
LEGISLATIVE PURPOSE
The purposes of the legislation as outlined by Senator Peace are:
1. To remove representatives of cities and the county from the governing board
to create a new agency with more regional perspective, less influenced by the
local concerns of individual cities and the county;
2. To consolidate the functions and powers of existing agencies into one new
agency with one governing board;
3. To create a new agency with more political clout to obtain favorable funding
decisions by the state and federal governments;
4. To create a new agency this is more effkient and less expensive by avoiding
duplications in administrative and governance expenses.
POLICY ISSUES
1. Schedule for Imnlementation
The legislation contemplates forming RITA on July 1,200O. It requires the
Governor to appoint the ten-member board on July 1,200O. It requires the
Executive Director of the new agency to file a report with the Board containing a
plan for reducing the number of management employees and streamlining the
management on October 1,200O and to accomplish the streamlining set forth in the
October 1” memo by December 31,200O. This schedule which is “required” by the
legislation is extremely ambitious and would by necessity eliminate any thoughtful
study or thorough public evaluation of the many alternatives to the new agency. If
the agency were established would preclude a thorough evaluation of the many
complex operational issues that will be involved in implementing the new agency
operations.
2. Elimination of Citv and Countv Influence
One of the stated purposes of the legislation is to remove city and county
representatives from the Board to provide an agency with a more regional focus.
The new agency’s board would create electoral wards from which individual
directors would be elected. As a policy matter, does the elimination of city and
county influence from regional boards’ assist in the development and operation of
regional infrastructure? Will local issues and local political pressure become any
less important to regional decision making with the creation of a board elected from
electoral wards than local issues are on a board containing representatives of cities
and the county?
l 3. North Countv Reuresentation
The legislation calls for fwe of the ten board members to be elected from electoral
wards located within the boundaries of NCTD (Northern Area Division) and the
other fwe members to be elected from electoral wards in the remainder of the
county (Metropolitan Area Division). The population of the Metropolitan Area
Division is approximately two times that of the Northern Area Division. This
provision will thus likely violate constitutional requirements. A substitute provision
that would meet constitutional requirements would render the North County area a
distinct minority on the governing board. Such minority status could be
disadvantageous to North County in the allocation of time, resources, and funds to
North County issues and projects.
4. Conflict Between Planning, Fundinq and RePulatorv Functions
The agencies which would be consolidated into the new agency have three distinct
functions; planning, funding and regulatory. For example the Air Pollution Control
District regulates activities of the operating districts. SANDAG’s specific function is
to allocate funding to the operating transit districts. An elimination of these distinct
functions will result in an operating agency that regulates itself.
5. Sharinp of Power between Divisions
The legislation calls for two divisions, each of which would make decisions on the
specific business of that division. Thus the Northern Division would conduct the
business currently conducted by NCTD and the Metropolitan Division would
conduct the business conducted by MTDB and the Port (excluding the Airport). In
the event an additional division was created in order to avoid the constitutional
infirmity created by the lower population in North County, the third division would
presumably divide up the responsibilities of the other two divisions. Thus from an
operating perspective each division is conducting business as it is currently being
conducted by the separate agencies today. That arrangement would appear to
create no operating efficiencies.
The planning function exercised by NCTD and MTDB currently would continue
and coordination between the two planning functions would presumably be
conducted by the board of directors as a whole acting in its capacity as SANDAG.
The coordination of the separate divisions under RITA would thus be pursued in a
fashion very similar to existing coordination efforts between MTDB and NCTD and
SANDAG. This would appear to create the functional equivalent of the existing
system. It is questionable whether this proposal would streamline decision making
or create opportunities for operational efftciency.
6. Efftciencv in Infrastructure Planning
The goal of the new agency is to streamline and make more efficient the planning
and construction of transportation infrastructure. The new agency however does
not have land use powers and further does not have the power to “supersede the
land use planning and development authority” of the cities and the county. This
provision would clearly enable the cities and the county to exert significant influence
over the location of transportation infrastructure by virtue of an exercise of their
land use powers.
Without city and county representation on the board such infrastructure planning
and construction could be less efficient rather than more efftcient. In addition the
. :
creation of electoral wards overlaying individual city boundaries could increase and
destabilixe influence which local areas play in regional decision making rather than
to reduce or eliminate such local influence. One of the major obstacles to more
efftcient regional infrastructure planning has been local government opposition to
controversial projects. By retaining and indeed enhancing local land use power
(thus giving cities a veto power over infrastructure improvements), and electing
representatives from electoral wards, whose boundaries do not coincide with cities
boundaries, there is a significant chance that local influence over regional decisions
will be increased rather than reduced.
7. Local Problem Solving
The new agency would centralixe administration and governance of both the
planning and the operating agencies. This would require local citizens with local
problems to seek solutions to their local problems at a countywide agency similar to
what residents in outlying unincorporated areas must now do with the Board of
Supervisors.
8. Cost Saving
A legislative purpose is to reduce expense by avoiding duplications in administrative
and governance expenses. Although it can be predicted that some duplicative
administrative positions could be eliminated, since functions, powers and operating
obligations of the existing agencies would remain the same, most administrative
functions will not be duplicative. Thus it is questionable how much if any cost
reduction can be achieved.
The governing board members of each agency currently receive a small per diem
and do not have administrative assistants. The elected RITA Board Members
would receive a salary equal to the San Diego County Board of Supervisors, (which
is currently $94,000). In addition, in order for RITA Board Members to keep
abreast of all issues, they would require administrative assistants. The annual
budget for the Governing Board, with benefits, would exceed $1.25 Million; and
with the required staff and support needs including office space, computers, travel,
and other related costs, the budget would significantly increase that amount. While
this type of board could have positive policy implications, it will not achieve a cost
savings.
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