HomeMy WebLinkAbout2017-04-18; City Council; ; Assembly Bill 805-County of San Diego: Transportation AgenciesItem #2 April 18, 2017 Page 1 of 19
CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
April 18, 2017
Mayor and City Council
Kevin Crawford, City Manager
Jason Haber, Assistant to the City Manager
Jason.haber@carlsbadca.gov or 760-434-2958
CA Review
Subject: Assembly Bill 805 -County of San Diego: Transportation Agencies
Recommended Action
Consider and evaluate Assembly Bill 805, as amended, and provide direction to staff.
Executive Summary
An overview and analysis of Assembly Bill 805, including the Legislative Counsel's Digest, as
amended, and arguments both in favor of, and in opposition to the proposed legislation are
presented. Staff is requesting City Council direction regarding any further action that might be
taken on this matter.
Discussion
Assembly Bill 805 (AB 805) was introduced by Assemblywoman Lorena Gonzalez Fletcher on
Feb ruary 15, 2017. The bill was amended in Assembly on March 23, 2017 and again on April 6,
2017.
Exhibit 1 presents "Today's Law As Amended" for AB 805 from the California Legislative
Information website: https://leginfo.legislature.ca.gov. "Today's Law As Amended" indicates
how the current law would be changed if the bill takes effect. The proposed text additions to
the code section are displayed in blue italics and the proposed deletions are displayed in red
strikeout.
AB 805 proposes a variety of reforms affecting the San Diego Association of Governments
(SAN DAG), the San Diego Metropolitan Transit System (MTS), and the North County Transit
District (NCTD). In general, the proposed legislation would affect:
1. Board compositions and memberships,
2. Voting procedures and weighted vote allocations,
3. Creation of an audit committee,
4. Annual financial and performance audits,
5. Annual reporting to the state legislature,
6. Consideration of greenhouse gas emissions and disadvantaged communities in
regional comprehensive planning,
7. Jurisdictional transactions and use tax and bonding authority,
8. Reimbursement of state mandated costs.
Item #2 April 18, 2017 Page 2 of 19
The Legislative Counsel's Digest, as amended, provides the following analysis:
AB 805, as amended, Gonzalez Fletcher. County of San Diego: transportation agencies.
(1) Existing law provides for the consolidation of certain regional transportation planning,
programming, and related functions in San Diego County from various existing agencies
including the San Diego Association of Governments (SAN DAG}, the San Diego Metropolitan
Transit Development Board, also known as the San Diego Metropolitan Transit System
(MTS}, and the North County Transit District (NCTD}.
Existing law provides for the consolidated agency, commonly known as SANDAG, to be
governed by a board of directors of 21 city and county members selected by the governing
body of each member agency.
This bill would require the mayor of each city to serve on the board of directors, except in
the case of the City of San Diego, where the mayor and the president of the city council
would serve. The bill would require the chairperson of the County of San Diego board of
supervisors to serve on the board as one of the 2 members on the board from the county
board of supervisors. The bill would also revise the selection of alternate members of the
board.
Existing law, in order for the SAND AG board to act on any item, generally requires a majority
vote of the members present on the basis of one vote per agency as well as a weighted vote
pursuant to a specified process, except in the case of consent items.
This bill would instead require a majority of the weighted vote of the board members
present in order for the board to act on any item. The bill would also modify the weighted
vote process.
Existing law provides for SAN DAG to have 4 standing policy advisory committees named the
executive, transportation, regional planning, and borders committees.
This bill would additionally provide for an audit committee with specified responsibilities,
including the appointment of an independent performance auditor. The bill would require
SANDAG to submit an annual report to the Legislature, developed by its transportation
committee that outlines various matters related to public transit.
Existing law provides for the consolidated agency to prepare a regional comprehensive plan
containing various elements, as specified.
This bill would require the regional comprehensive plan to address greenhouse gas
emissions reduction rules and regulations adopted by the State Air Resources Board and
associated emissions limits. The bill would also require the plan to identify disadvantaged
communities. The bill would require the plan to include strategies relative to those matters.
(2) Existing law creates MTS and NCTD, with various public transit responsibilities in the
southern and northern parts of the County of San Diego, respectively. Existing law provides
for MTS to be governed by a board of 15 members, while NCTD is governed by a board of 9
members, with each board generally consisting of city and county representatives selected
Item #2 April 18, 2017 Page 3 of 19
by member agencies. Existing law provides that the chairperson of the MTS board is a
resident of the County of San Diego selected by the board, as specified.
This bill would generally require the city representatives on each board to be the mayor of
the city, except in the case of the City of San Diego, where 3 of the 4 members other than
the mayor would be selected by the city council. The bill would provide for the city council
of the City of Chula Vista to appoint a 2nd member. The bill would provide for the
chairperson of the MTS board to alternate between the mayors of the 2 largest cities. The
bill would require the member of the board of supervisors to be the member representing
the district with the greatest percentage of its area within the incorporated area of the
county within the MTS jurisdiction. The bill would also revise the process for selecting
alternate members of the MTS board.
Existing law generally provides that official acts of the MTS or NCTD board require the
affirmative vote of the majority of the members of the board, except that a weighted vote
of the MTS board may be requested pursuant to a specified process.
This bill would create a similar weighted voting process for NCTD. The bill would require all
official acts of the MTS or NCTD boards to require the affirmative vote of the majority of
the weighted vote of the board members present.
Existing law authorizes various transportation agencies, including SANDAG, to impose a
transactions and use tax for transportation purposes within its jurisdiction, subject to
approval of 2h of the voters and various other requirements. Existing law provides for
issuance of bonds backed by these tax revenues, as specified.
This bill would additionally authorize MTS and NCTD to individually impose a transactions
and use tax within their respective portions of the County of San Diego, with revenues to
be used for public transit purposes, as specified, serving their jurisdictions, and to issue
bonds backed by these tax revenues, subject to similar requirements.
(3) By imposing additional requirements on local agencies, this bill would impose a state-
mandated local program.
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.
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 the statutory provisions noted above.
Arguments in favor of AB 805 are included in Exhibit 2, as presented on the Official Website of
Assemblywoman Lorena Gonzalez Fletcher (https://a80.asmdc.org/). To summarize, it is
suggested that AB 805 would:
1. Provide better equity through proportional representation on the boards of directors,
2. Create new financial controls at SAN DAG,
3. Allow MTS and NCTD to approach voters in the communities they represent with a
sales tax ballot measure,
Item #2 April 18, 2017 Page 4 of 19
4. Increase accountability by having Mayors serve on the boards of directors,
5. Address greenhouse gas reduction rules,
6. Address the needs of disadvantaged communities,
7. Strengthen the checks and balances of the people,
8. Make each municipality's voting strength proportionate to its population.
Arguments in opposition to AB 805 have been documented in the press and in recent actions
taken by SANDAG member cities, including La Mesa, National City, Coronado, Poway and
Escondido, which have all passed resolutions opposing AB 805. In general, arguments against AB
805 concern:
1. Diminishing the influence of small cities in regional transportation planning and
funding decisions,
2. Expanding voting power and creating unfair advantage for San Diego and other large
cities,
3. Taking away the autonomy of member cities by requiring Mayoral, as opposed to self-
selected board representation,
4. Limiting the SAN DAG board chairmanship to alternate between San Diego and Chula
Vista Mayors only,
5. State overreach into local affairs.
Next Steps
The City Council may direct staff to take any of the following actions on this matter:
1. Support AB 805 in its entirety,
2. Oppose AB 805 in its entirety,
3. Support certain aspects of the bill, but remain neutral or oppose other aspects,
4. Oppose unless amended,
5. Watch and report back,
6. Delay action and seek clarification.
Fiscal Analysis
None.
Environmental Evaluation (CEQA)
The proposed action does not qualify as a "project" under the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15378, as it does not result in a direct or
reasonably foreseeable indirect physical change in the environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act (California Government Code
Section 54950 et seq.), published and distributed at least 72 hours prior to the meeting date
and time.
Exhibits
1. AB 805-Today's Law As Amended (as of April 6, 2017)
2. AB 805 Strives for More Equitable Representation, Greater Transparency of Finances and
Climate Goals -Assemblywoman Lorena Gonzalez Fletcher, Official Website
Item #2 April 18, 2017 Page 5 of 19
Exhibit 1
SECTION 1.
Section 120050.2 of the Public Utilities Code is amended to read:
120050.2.
The board consists of 15 members selected as follows:
(a) One member of the County of San Diego Board of Supervisors, appointed by the board of supervisors.
(b) Four members of the City Council of the City of San Diego, one of whom may be the mayor, appointed
by the city council.
{€} (b) One member of each city council appointed individually by the City Councils of the The mayors of
the Cities of Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City,
Poway, San Diego, and Santee.
W (c) One person, a resident of San Diego County, elected by a two thirds vote of the board, a quorum
being present, who shall serve as chairperson of the board. The chairperson shall serve for a term of four
years, except that he or she is subject to removal at any time by a two thirds vote of the board, a quorum
being present. If the person elected chairperson is also a Three members of the City Council of the City of
San Diego and one member of the board, the appointing power may not fill the vacancy created by the
election of that member as chairperson as long as that member remains chairperson and, if removed as
chairperson, that person shall resume the position on the board he or she vacated upon election as
chairperson. Section 120102.S does not apply to any vote taken under this subdivision. Further, in the
event that the chairperson is elected from the membership of the board, the County of San Diego shall
then have two members appointed by the board of supervisors and the board membership shall remain
at 1S. In the event the subsequently elected chairperson is not a member, the membership on the board
of the second appointee of the County of San Diego shall be suspended and the board membership shall
remain at 1S. City Council of the City of Chula Vista, each appointed by their respective city council.
(d) The mayors of the largest city and the second largest city shall alternate between serving as the
chairperson and vice chairperson of the board every four years.
SEC. 2.
Section 120050.5 of the Public Utilities Code is repealed.
1200S0.S.
Any person 1Nho is a member of the board may be appointed by his or her appointing authority to
continue to serve as a member of the board after the termination of his or her term of office for a period
not to exceed four years after the date of termination of his or her term of elected office.
SEC. 3.
Section 120051 of the Public Utilities Code is amended to read:
120051.
The member of the board of supervisors appointed pursuant to subdivision (a) of Section 120050.2 shall
represent one of the tw&-supervisorial districts district with the greatest percentage of its area within
the incorporated area of the County of San Diego within the area under the jurisdiction of the transit
development board as defined in Section 120054.
Item #2 April 18, 2017 Page 6 of 19
SEC. 3.SEC. 4.
Section 120051.1 of the Public Utilities Code is repealed.
120051.1.
The member of the board of supervisors appointed pursuant to subdivision (d) of Section 120050.2 shall
represent the supervisorial district with the greatest percentage of its area \Nithin the unincorporated area
of the County of San Diego under the jurisdiction of the transit development board as defined in Section
120054.
SEC. 4.SEC. 5.
Section 120051.6 of the Public Utilities Code is amended to read:
120051.6.
The alternate members of the board shall be appointed as follows:
(a) The County of San Diego Board of Supervisors shall appoint any other county supervisor who qualifies
for appointment pursuant to Section 120051 to serve as an alternate member of the transit development
beaf4
fbt (a) The City Council of the City of San Diego County of San Diego Board of Supervisors shall appoint
a member of the city council county supervisor who represents one of the two supervisorial districts with
the greatest percentage of its area within the incorporated area of the County of San Diego within the
area, not already appointed pursuant to subdivision (b} of Section 120050.2 under Section 120051, under
the jurisdiction of the transit development board as defined in Section 120054 to serve as an alternate
member of the transit development board for each of the members appointed by the city council to the
transit de•,elopment board.
{€} (b) The city councils of the cities specified in subdivision {€} (b) of Section 120050.2 shall each
individually appoint a member of their respective city councils not already appointed pursuant to t-Aat
. subdivision subdivision (b) or (c) of Section 120050.2 to serve as an alternate member of the transit
development board for each member of the city on the board.
t4} (c) At its discretion, a city council or the county board of supervisors may appoint a second alternate
member, in the same manner as members first alternates are appointed, to serve on the board in the
event that neither a member nor the alternate member is able to attend a meeting of the board.
W (d) An alternate member and second alternate member shall be subject to the same restrictions and
shall have the same powers, when serving on the board, as a member.
(f) If the board elects a person other than a member of the board to serve as chairperson, the board may,
upon a two thirds vote, a quorum being present, appoint a San Diego County resident as an alternate
member of the board for that person elected chairperson. If the board elects a person 'Nho is a member
of the board to serve as chairperson, the County of San Diego shal l appoint an alternate supervisor for the
supervisor appointed pursuant to subdivision (d) of Section 120050.2.
SEC. 5.SEC. 6.
Section 120102.5 of the Public Utilities Code is amended to read:
120102.5.
(a) A majority of the members of the board constitutes a quorum for the transaction of business. All
official acts of the board require the affirmative vote of the majority of the members of the board.
Item #2 April 18, 2017 Page 7 of 19
Hov,ever, after a weighted vote of the members is taken, a weighted vote may be called by any two
members, at least one of whom is not a City of San Diego representative. present. However, any reference
in this division to a two-thirds vote of the members of the board shall be deemed to mean the affirmative
vote of two-thirds of the weighted vote of the members present.
(b) In the case of a weighted vote, there shall be a total of 100 votes. Each member agency shall have that
number of votes annually determined by the following apportionment formula, provided that each agency
shall have at least one vote, and that there shall be no fractional votes:
{1) Compute, consistent with subdivision {d}, the total population of the cities and the county, and compute
the percentage of this total for each agency.
(2) Boost percentage fractions in the case of each agency where the total is less than one, to one, and then
add to that number only the whole numbers, excluding fractions, for all other agencies.
{3} If the total cumulative number under paragraph {2} is less than 100, add one vote each to the agencies
that, prior to exclusion under paragraph (2), had the highest fractional amounts, but exclude from this
a/location any agency whose fraction was boosted under paragraph {2}, until a total of 100 votes is
reached.
(4) If the total cumulative number under paragraph (2) is more than 100, subtract one vote each from the
agencies that, prior to exclusion under paragraph (2), had the lowest fractional amounts, until a total of
100 votes is reached, but in no case shall an agency have less than one vote.
fa} (c) In the case of a weighted vote, each of the four representatives of the The City of San Diego
shall exercise 12 allocate half'±/., weighted 'v<otes, for a total of SO votes. The County of San Diego and each
city, other than of its weighted vote to the mayor of the City of San Diego, shall, in total, exercise 49
weighted votes to be apportioned annually by population. The chairperson, if not chosen from the
membership of the board, shall exercise one weighted vote. and the other half shall be divided equally
between the three city council members. The City of Chula Vista shall allocate its weighted vote evenly
between its two members.
(c) Approva l under the weighted vote procedure requires the vote of the representatives of not less than
three jurisdictions representing not less than Sl percent of the total weighted vote to supersede the
original action of the board.
(d) The ,veighted vote procedure shall not be used on any matter of purely intracity local service, unless
it is the desire of the affected city or jurisdiction.
(e) The weighted vote procedure shall not be used for purposes of subdivision (c) of Section 12026S.
ff} {d) For purposes of subdivision W, {b}, the population of the County of San Diego is the population in
the unincorporated area of the county within the area of jurisdiction of the transit
development -beaHh board pursuant to Section 120054.
fg} (e) The board shall adopt a policy and procedure to implement this section.
SEC. 7.
Article 11 (commencing with Section 120480} is added to Chapter 4 of Division 11 of the Public Utilities
Code, to read:
Item #2 April 18, 2017 Page 8 of 19
Article 11. Transactions and Use Tax
120480.
(a) A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory
within the area of the board pursuant to Section 120054 shall be imposed by the board in accordance with
Section 120485 and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation
Code, and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the
close of the polls on the day of election at which the proposition is adopted. The initial collection of the
transactions and use tax shall take place in accordance with Section 120483.
(b) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter
remains in full force and effect. The board may, at any time thereafter, submit the same, or a different,
measure to the voters in accordance with this chapter.
120481.
(a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the
maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a
term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be
limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board,
including the administration of this division and legal actions related thereto. These purposes include
expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-
way acquisition. The ordinance shall contain an expenditure plan that shall include the a/location of
revenues for the purposes authorized by this section.
(b) As used in this section, "public transit purposes" includes the public transit responsibilities under the
jurisdiction of the board as well as any bikeway, bicycle path, sidewalk, trail, pedestrian access, or
pedestrian accessway.
120482.
(a) The county shall conduct an election called by the board pursuant to Section 120480.
(b) The election shall be called and conducted in the same manner as provided by law for the conduct of
elections by a county.
120483.
(a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first
day of the first calendar quarter commencing more than 110 days after adoption of the ordinance.
(b) Prior to the operative date of the ordinance, the board shall contract with the State Board of
Equalization to perform all functions incident to the administration and operation of the ordinance. The
costs to be covered by the contract may also include services of the types described in Section 7272 of the
Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes
as to the amount of the costs shall be resolved in the same manner as provided in that section.
120484.
The revenues from the taxes imposed pursuant to this article may be allocated by the board for public
transit purposes consistent with the applicable regional transportation improvement program and the
applicable regional transportation plan.
Item #2 April 18, 2017 Page 9 of 19
120485.
The board, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent
under this article and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation
Code. The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless
specifically authorized by the Legislature.
120486.
The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax,
may seek authorization to issue bonds payable from the proceeds of the tax.
120487.
Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax
ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in
relation thereto is contested, questioned, or denied, shall be commenced within six months from the date
of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation
thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect
legal and incontestable.
120488.
The board has no power to impose any tax other than the transactions and use tax imposed upon approval
of the voters in accordance with this article.
SEC. 7 .SEC. 8.
Section 125050 of the Public Utilities Code is amended to read:
125050.
There is hereby created, in that portion of the County of San Diego as described in Section 125052, the
North County Transit District. The district shall be governed by a board of directors. As used in this division,
"board" means the board of directors of the district. The board shall consist of members selected as
follows:
(a) One member of the San Die,go County Board of Supervisors appointed by the board of supervisors,
which member shall represent, on the board of supervisors, the largest portion of the area under the
jurisdiction of the district.
(b) One member of each of the City Councils of the The mayors of the Cities of Carlsbad, Del Mar,
Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista, and each new city that incorporates
within the district boundaries, appointed by the respective city council. boundaries.
SEC. 8.SEC. 9.
Section 125102 of the Public Utilities Code is amended to read:
125102.
(a) A majority of the members of the board shall constitute constitutes a quorum for the t ransaction
of business, and all business. All official acts of the board ~ require the affirmative vote
of a the majority of the weighted vote of the members of t he beaHh board present. However, any
reference in this division to a two-thirds vote of the members of the board shall be deemed to mean the
affirmative vote of two-thirds of the weighted vote of the members present.
Item #2 April 18, 2017 Page 10 of 19
(b) In the case of a weighted vote, there shall be a total of 100 votes. Each member agency shall have that
number of votes annually determined by the following apportionment formula, provided that each agency
shall have at least one vote, and that there shall be no fractional votes:
{1} Compute, consistent with subdivision (c}, the total population of the cities and the county, and compute
the percentage of this total for each agency.
{2} Boost percentage fractions in the case of each agency where the total is less than one, to one, and then
add to that number only the whole numbers, excluding fractions, for all other agencies.
{3} If the total cumulative number under paragraph (2) is less than 100, add one vote each to the agencies
that, prior to exclusion under paragraph (2), had the highest fractional amounts, but exclude from this
a/location any agency whose fraction was boosted under paragraph (2), until a total of 100 votes is
reached.
(4) If the total cumulative number under paragraph (2) is more than 100, subtract one vote each from the
agencies that, prior to exclusion under paragraph (2), had the lowest fractional amounts, until a total of
100 votes is reached, but in no case shall an agency have less than one vote.
(c) For purposes of subdivision (b}, the population of the County of San Diego is the population in the
unincorporated area of the county within the area of jurisdiction of the board pursuant to Section 125052.
(d) The board shall adopt a policy and procedure to implement this section.
SEC. 10.
Article 9 (commencing with Section 125480) is added to Chapter 4 of Division 11.5 of the Public Utilities
Code, to read:
Article 9. Transactions and Use Tax
125480.
(a) A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory
within the area of the board pursuant to Section 125052 shall be imposed by the board in accordance with
Section 125485 and Part 1.6 (commencing with Section 7251} of Division 2 of the Revenue and Taxation
Code, and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the
close of the polls on the day of election at which the proposition is adopted. The initial collection of the
transactions and use tax shall take place in accordance with Section 125483.
{b} If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter
remains in full force and effect. The board may, at any time thereafter, submit the same, or a different,
measure to the voters in accordance with this chapter.
125481.
(a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the
maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a
term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be
limited to public transit purposes serving the area ofjurisdiction of the board, as determined by the board,
including the administration of this division and legal actions related thereto. These purposes include
expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-
way acquisition. The ordinance shall contain an expenditure plan that shall include the a/location of
revenues for the purposes authorized by this section.
Item #2 April 18, 2017 Page 11 of 19
(b) As used in this section, "public transit purposes" includes the public transit responsibilities under the
jurisdiction of the district as well as any bikeway, bicycle path, sidewalk, trail, pedestrian access, or
pedestrian accessway.
125482.
(a) The county shall conduct an election called by the board pursuant to Section 125480.
(b) The election shall be called and conducted in the same manner as provided by law for the conduct of
elections by a county.
125483.
(a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first
day of the first calendar quarter commencing more than 110 days after adoption of the ordinance.
(b) Prior to the operative date of the ordinance, the board shall contract with the State Board of
Equalization to perform all functions incident to the administration and operation of the ordinance. The
costs to be covered by the contract may also include services of the types described in Section 72 72 of the
Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes
as to the amount of the costs shall be resolved in the same manner as provided in that section.
125484.
The revenues from the taxes imposed pursuant to this article may be allocated by the board for public
transit purposes consistent with the applicable regional transportation improvement program and the
applicable regional transportation plan.
125485.
The board, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent
under this article and Part 1.6 (commencing with Section 7251} of Division 2 of the Revenue and Taxation
Code. The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless
specifically authorized by the Legislature.
125486.
The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax,
may seek authorization to issue bonds payable from the proceeds of the tax.
125487.
Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax
ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in
relation thereto is contested, questioned, or denied, shall be commenced within six months from the date
of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation
thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect
legal and incontestable.
125488.
The board has no power to impose any tax other than the transactions and use tax imposed upon approval
of the voters in accordance with this article.
SEC. 10.SEC. 11.
Section 132351.1 of the Public Utilities Code is amended to read:
Item #2 April 18, 2017 Page 12 of 19
132351.1.
(a) A board of directors consisting of 21 members shall govern the consolidated agency.
(b) For purposes of this chapter, "governing body" shall mean means the board of supervisors, council,
council and mayor where the mayor is not a member of the council, authority, trustees, director,
commission, committee, or other policymaking body, as appropriate, that exercises authority over an
entity represented on the board of the consolidated agency.
(c) All powers, privileges, and duties vested in or imposed upon the consolidated agency shall be exercised
and performed by and through a board of directors provided, however, that the exercise of all executive,
administrative, and ministerial power may be delegated and redelegated by the board, to any of the
offices, officers, or committees created pursuant to this chapter or created by the board acting pursuant
to this chapter.
(d) The board shall be composed of one primary representative selected by the governing body of each
city in the county and a member the chair of the San Diego County Board of Supervisors to serve until
recalled by the governing body of the city or county. The Supervisors. However, the City of San Diego and
the County of San Diego shall each have a primary and secondary representati>re. each director shall be a
mayor, councilperson, or supervisor of the governing body which selected him or her. Vacancies shall be
filled in the same manner as originally selected. each city or county shall also select in the same manner
as the primary or secondary representati',e, if applicable, representative, which for the City of San Diego
shall be the mayor of the City of San Diego and the president of the city council. Except in the case of the
City of San Diego and the County of San Diego, each director shall be the mayor of the governing body of
his or her city. Each city or county shall also select one alternate to serve on the board when the primary
or secondary representative, if applicable, is not available. The alternate shall be subject to the same
restrictions and have the same powers, when serving on the board, as the representative for whom he or
she is substituting. The alternate shall be a councilperson or supervisor, as applicable, of his or her
governing body.
(e) Notwithstanding subdivision (d), in those years when the chair of the San Diego County Board of
Supervisors is from a district that is substantially an incorporated area and is appointed the primary
representative to the board, area, a supervisor who represents a district that is substantially an
unincorporated area shall be appointed to the board as the secondary representative. Alternatively, in
those years when the chair of the San Diego County Board of Supervisors is from a district that is
substantially an unincorporated area and is appointed the primary representative to the board, area, a
supervisor who represents a district that is substantially an incorporated area shall be appointed to the
board as the secondary representative.
(f) At its discretion, each city a-AG or county may select a second alternate, in the same manner as
the primary representative, first alternate, to serve on the board in the event that neither the primary
representative nor the regular first alternate is able to attend a meeting of the board. This alternate shall
be subject to the same restrictions and have the same powers, when serving on the board, as the primary
representative.
(g) The board may allow for the appointment of advisory representatives to sit with the board but in no
event shall sa-iG those representatives be allowed a vote. The current advisory representatives to the San
Diego Association of Governments may continue their advisory representation on the consolidated
agency at the discretion of their governing body. The governing bodies of the County of Imperial and the
cities in that county may collectively desig11ate an advisory representative to sit with the board.
Item #2 April 18, 2017 Page 13 of 19
SEC. 11.SEC. 12.
Section 132351.2 of the Public Utilities Code is amended to read:
132351.2.
(a) A majority of the member agencies constitute a quorum fo r the transaction of business. In order to
act on any item, except consent items which only require the vote specified in paragraph (1), the follmving
voting formula in both paragraphs (1) and (2) shall apply: the affirmative vote of the majority of the
weighted vote of the members present is required.
(1) A majority vote of the members present on the basis of one vote per agency.
(2) A majority of the weighted vote of the member agencies present.
(b) The governing body of the City of San Diego and the County of San Diego, as appropriate, shall
determine how to allocate their single agency votes and weighted votes Diego shall allocate their
weighted votes equally between their primary and secondary members.
(c) For the weighted vote, there shall be a total of 100 votes, except additional votes shall be allowed
pursuant to subdivision (f). Each representative member agency shall have that number of votes
determined by the following apportionment formula, provided that each agency shall have at least
one vote, no agency shall have more than 40 votes, vote and there shall be no fractional votes:
(1) If any agency has 40 percent or more of Compute the total population of the San Diego County region,
allocate 40 votes to that agency and fol 1011, paragraph (2), if not, follow paragraph (3). region and compute
the percentage of this total for each agency.
(2) Total the population of the remaining agencies determined in paragraph (1) and compute the
percentage of this total that each agency has:
(A) Multiply each percentage derived above by 60 to determine fractional shares.
(B) Boost fractions that are less than one, to one and add the 1.vhole numbers.
(C) If the answer to subparagraph (B) is 60, drop all fractions and the whole numbers are the votes for
each agency.
(D) If the answer to subparagraph (B) is less than 60, the remaining vote(s) is allocated one each to that
agency(s) having the highest fraction(s) excepting those whose vote was increased to one in subparagraph
(B) above.
(E) If the answer to subparagraph (B) is more than 60, the excess vote(s) is taken one each from the
agency(s) with the lowest fraction(s). In no case shall a vote be reduced to less than one.
(3) Total the population determined in paragraph (1) and compute the percentage of this total that each
agency has.
fAt (2) Boost fractions that are percentage fractions in the case of each agency where the total is less
than one, to BM one, and add the 1.vhole numbers. then add to that number pnly the whole numbers,
excluding fractions, for all other agencies.
(B) If the answer to subparagraph (A) is 100, drop all fractions and the •,vhole numbers are the votes for
each agency.
Item #2 April 18, 2017 Page 14 of 19
fQ (3) If the answer to subparagraph (/\) total cumulative number under paragraph (2) is less than
100, the remaining vote(s) is allocated one each to that agency(s) having the highest fraction(s) excepting
those whose vote was increased to one in subparagraph (A) above. add one vote each to the agencies
that, prior to exclusion under paragraph (2), had the highest fractional amounts, but exclude from this
allocation any agency whose fraction was boosted under paragraph {2}, until a total of 100 votes is
reached.
fGt (4) If the answer to subparagraph (/\) total cumulative number under paragraph (2) is more than
100, the excess vote(s) is taken one each from that agency(s) with the lowest fraction(s). In subtract one
vote each from the agencies that, prior to exclusion under paragraph {2}, had the lowest fractional
amounts, until a total of 100 votes is reached, but in no case shall a vote be reduced to an agency
have less than eHe-; one vote.
(d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it
shall also require the supermajority percentage of the weighted vote.
{€-} (d) The weighted vote shall be recomputed in the above manner formula under subdivision (c) shall
be recomputed every July 1.
fft (e) Any etRe-f-newly incorporated city shall receive one vote under the single vote procedure and one
vote under the we ighted vote procedure specified above until the next recomputation of the
weighted vete, vote formula under subdivision (c), at which time the new agency shall receive votes in
accordance with the formula specified in subdivision (b). recomputed formula. Until this recomputation,
the total weighted vote may exceed 100.
SEC. 12.SEC. 13.
Section 132351.4 of the Publ ic Utilities Code is amended to read:
132351.4.
(a) The consolidated agency shall have ffiHf five standing policy advisory committees named the
executive, transportation, regional planning, borders, and borders audit committees. The responsibilities
of the committees shall be established by the board. Committee membership may be expanded by the
consolidated agency, and shal l be selected in accordance with a process established by the conso lidated
agency. The membership shall be as follows:
(1) The executive committee shall consist of six voting members with board members representing east
county, north county coastal, north county inland, south county, and the representative, or the
representative's alternate in their absence, from the City of San Diego and the county. The chairperson ef
the consolidated agency shall be one of the six voting members. The and the vice chairperson of the
consolidated agency shall each be one of the six voting members if the vice chairperson represents an
area of the region that is different from the area of the region represented by the chairperson, as those
areas are described in subdivisions (d) to (g), inclusi1v<e, of Section 132350.2. members.
(2) (A) The transportation committee shall consist of nine voting members with board members or
alternates representing east county, north county coastal, north county inland, south county and the
mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a
member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the
NCTD appointed by the board of the NCTD, and a member of the San Diego County Regional Airport
Authority appointed by the airport authority.
Item #2 April 18, 2017 Page 15 of 19
(B) Among its transportation responsibilities, the transportation committee shall provide a strong focus
and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria
and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation,
as delegated by the board.
(C) The board shall provide a report, developed by the transportation committee, to the Legislature on or
before July 1 of each year that outlines the public transit needs, transit funding criteria, recommended
transit funding levels, and additional work on public transit, as delegated to the transportation committee
by the board. The report shall specify the funds spent explicitly on public transportation. The report shall
be submitted consistent with Section 9795 of the Government Code.
(3) The regional planning committee shall consist of six voting members with board members or alternates
representing east county, north county coastal, north county inland, south county, and the mayor or a
council member from the City of San Diego, and a supervisor from the County of San Diego.
(4) The borders committee shall consist of seven voting members with board members or alternates
representing east county, north county coastal, north county inland, south county, the mayor or a council
member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council
member, or supervisor from the County of Imperial.
(5) The audit committee shall consist of five voting members with two board members and three members
of the public to be appointed by the board. The audit committee shall recommend to the board the contract
of the firm conducting the annual financial statement audits and the hiring of the independent
performance auditor and approve the annual audit plan after discussion with the independent
performance auditor pursuant to subdivision (b) of Section 132354.1.
(b) The board may appoint other standing and ad hoc working groups to advise it in carrying out its
responsibilities.
(c) No board member may serve as a member of more than two standing policy advisory committees at
any one -1:+m& time, except those board members serving on the audit committee.
SEC. 13.SEC. 14.
Section 132352.3 of the Public Utilities Code is amended to read:
132352.3.
The officers of the board are the chairperson and the vice chairperson. The mayors of the largest city and
the second-largest city shall alternate between serving as chairperson and vice chairperson for four-year
terms. The board may create additional officers and elect members to those positions. However, no
member may hold more than one office. The term of office for tRe any officers of the board other than
the chairperson and the vice chairperson shall be established by the board.
SEC. 14.SEC. 15.
Section 132354.1 of the Public Utilities Code is amended to read:
132354.1.
(a) The board shall arrange for a post audit of the financial transactions and records of the consolidated
agency to be made at least annually by a certified public accountant.
Item #2 April 18, 2017 Page 16 of 19
(b) (1) The audit committee shall appoint an independent performance auditor, subject to approval by the
board, who may only be removed for cause by a vote of at least two-thirds of the audit committee and the
board.
(2) The independent performance auditor shall have authority to conduct or to cause to be conducted
performance audits of all departments, offices, boards, activities, agencies, and programs of the
consolidated agency. The auditor shall prepare annually an audit plan and conduct audits in accordance
therewith and perform those other duties as may be required by ordinance or as provided by the California
Constitution and general laws of the state. The auditor shall follow government auditing standards. All
officers and employees of the consolidated agency shall furnish to the auditor unrestricted access to
employees, information, and records, including electronic data, within their custody regarding powers,
duties, activities, organization, property, financial transactions, contracts, and methods of business
required to conduct an audit or otherwise perform audit duties. It is also the duty of any consolidated
agency officer, employee, or agent to fully cooperate with the auditor, and to make full disclosure of all
pertinent information.
(3) The auditor shall have the power to appoint, employ, and remove assistants, employees, and personnel
as deemed necessary for the efficient and effective administration of the affairs of the office and to
prescribe their duties, scope of authority, and qualifications.
(4) The auditor may investigate any material claim of financial fraud, waste, or impropriety within the
consolidated agency and for that purpose may summon any officer, agent, or employee of the consolidated
agency, any claimant, or other person, and examine him or her upon oath or affirmation relative thereto.
All consolidated agency contracts with consultants, vendors, or agencies will be prepared with an
adequate audit provision to allow the auditor access to the entity's records needed to verify compliance
with the terms specified in the contract. Results of all audits and reports shall be made available to the
public in accordance with the requirements of the California Public Records Act (Chapter 3.5 (commencing
with Section 6250} of Division 7 of the Title 1 of the Government Code).
( c) The board shall develop and adopt internal control guidelines to prevent and detect financial errors and
fraud based on the internal control guidelines developed by the Controller pursuant to Section 12422.5 of
the Government Code and the standards adopted by the American Institute of Certified Public Accountants.
(d} The board shall develop and adopt an administration policy that includes a process to conduct staff
performance evaluations on a regular basis to determine if the knowledge, skills, and abilities of staff
members are sufficient to perform their respective functions, and shall monitor the evaluation process on
a regular basis.
SEC. 15.SEC. 16.
Section 132360.1 of the Public Utilities Code is amended to read:
132360.1.
If the consolidated agency prepares a In preparing and updating the regional comprehensive plan, it is
the intent of the Legislature that:
(a) The regional comprehensive plan preserve and improve the quality of life in the San Diego region,
maximize mobility and transportation choices, and conserve and protect natural resources.
(b} The regional comprehensive plan shall address the greenhouse gas emissions reduction rules and
regulations adopted by the State Air Resources Board pursuant to Section 38560 of the Health and Safety
Item #2 April 18, 2017 Page 17 of 19
(
Code and the statewide greenhouse gas emissions limit set forth in Section 38566 of the Health and Safety
Code and include strategies in that regard, including the establishment of aggressive nonautomobile
modal share targets for the region.
(c) The regional comprehensive plan shall identify disadvantaged communities as designated pursuant to
Section 39711 of the Health and Safety Code and include transportation strategies to reduce pollution
exposure in these communities.
{b} (d) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall
take account of and shall seek to harmonize the needs of the region as a whole, the plans of the county
and cities within the region, and the plans and planning activities of organizations that affect or are
concerned with planning and development within the region.
W (e) The consolidated agency shall engage in a public collaborative planning process. The
recommendations resulting from the public collaborative planning process shall be made available to and
considered by the consolidated agency for integration into the draft regional comprehensive plan. The
consolidated agency shall adopt a procedure to carry out this process including a method of addressing
and responding to recommendations from the public.
fa.} (f) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall
seek the cooperation and consider the recommendations of all of the following:
(1) Its member agencies and other agencies of local government within the jurisdiction of the consolidated
agency.
(2) State and federal agencies.
(3) Educational institutions.
(4) Research organizations, whether public or private.
(5) Civic groups.
(6) Private individuals.
(7) Governmental jurisdictions located outside the region but contiguous to its boundaries.
fet (g) The consolidated agency shall make the regional comprehensive plan, policies, and objectives
available to all local agencies and facilitate consideration of the regional comprehensive plan in the
development, implementation, and update of local general plans. The consolidated agency shall provide
assistance and enhance the opportunities for local agencies to develop, implement, and update general
plans in a manner that recognizes, at a minimum, land use, transportation compatibility, and a jobs-to-
housing balance within the regional comprehensive plan.
ff} (h} The consolidated agency shall maintain the data, maps, and other information developed in the
course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of
developmental trends and other relevant information for the availability of and use by other government
agencies and private organizations.
{g} (i) The components of the regional comprehensive plan may include, but are not limited to,
transportation, housing, water quality, infrastructure, and open space, including habitat. At some future
date, components such as water supply, air quality, quality and supply, infrastructure, air quality,
energy, solid waste, economy, and energy should be part of the regional comprehensive plan . open
Item #2 April 18, 2017 Page 18 of 19
space, including habitat. Performance standards and measurable criteria shall be established through a
public process to ensure that the regional comprehensive plan is prepared consistent with these measures
as well as in determining achievement of the regional comprehensive plan goals throughout its
implementation.
W (j) Any water supply component or provision of the regional infrastructure strategy regarding water
supply contained in the regional comprehensive plan shall be consistent with the urban water
management plan and other adopted regional water facilities and supply plans of the San Diego County
Water Authority.
SEC. 17.
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.
Item #2 April 18, 2017 Page 19 of 19
@ ASSJ:MBLYWO.'-'AN -
Lorena Gonzalez Fletcher
-DISTRICT 80
Published on Official Website -Assemblywoman Lorena Gonzalez Representing the 80th
California Assembly District
Monday, March 13, 2017
Exhibit 2
AB 805 Strives for More Equitable Representation, Greater Transparency of Finances and
Climate Goats
SACRAMENTO -(Monday, March 13, 2017) -California State Assemblywoman Lorena
Gonzalez Fletcher (D-San Diego) unveiled today a proposal to reform how the San Diego region
spends and tracks the billions of dollars in transportation funding it receives from taxpayers.
Assembly Bill 805 would overhaul the decision-making process at the region's transportation
planning agency, the San Diego Association of Governments (SAN DAG), as well as the two
transit districts that serve portions of San Diego County to provide better equity through
proportional representation on the boards of directors that oversee those agencies. Additionally,
the bill would create new financial controls at SANDAG by requiring that it employ an
independent auditor who would report to a newly formed Audit Committee, comprised of
members of the public, to oversee the agency's spending plans, financial forecasts and annual
budget.
"Taxpayers deserve more than they've received in the past from SANDAG," Assemblywoman
Gonzalez Fletcher said. "Anyone who watched the Measure A debacle and its fallout knows
it's time to reform the way we raise and spend transportation dollars in the San Diego region."
Measure A, which would have raised the sales tax by one-half cent across San Diego County to
fund projects that SANDAG controls, failed on the November 2016 ballot.
AB 805 would also provide the two local transit operators -the Metropolitan Transit System and
the North County Transit District -the ability to approach voters in the communities they
represent with a ballot measure to raise the sales tax to fund transit projects and operations.
The bill includes additional accountability measures, such as placing more decision-making
authority in the hands of the mayors of each city, requiring annual reports are made to the state
accounting for SANDAG's plans to fund public transit needs, and insisting that regional
transportation plans address greenhouse gas reduction rules and the needs of disadvantaged
communities.
"When billions of dollars of taxpayer money are at stake, as well as the work commutes and
public health of every San Diegan, we need to strengthen the checks and balances of the
people," Assemblywoman Gonzalez Fletcher said. "The current system is beholden to an
arcane voting system that doesn't reflect the county's population and concentrates too much
power with bureaucrats instead of the leaders that are elected to make tough decisions."
AB 805 would eliminate the "single agency vote" in the three transportation agencies, a process
that allows every municipality within the agency's jurisdiction to cast a vote of equal weight,
regardless of the population. AB 805's reform to base decisions such as regional transportation
plans, operating budgets and funding priorities on the weighted vote -meaning a municipality's
voting strength would be proportionate to its population -more closely aligns with the principal of
"one person, one vote."
"Db+v-~ b'Jtec\ ~
~~oC' \-\a\.\
.{6r .:r:~~ ~ .l d 'j-/8~ 1 ?-A jefl d._
Thank you. That was very well said. I haven't had a cha·nce to meet you yet. That was very well said, thank
you. I'm not going to repeat all of the comments. I was at the MTS meeting yesterday and I thought
Supervisor Cox made some really good suggestions. This started about giving communities, especially in
the south bay, the authority to tax, so that they could have transit, and then I think the audit part is worth
looking at. But then you've just rolled in this whole thing now suddenly this whole governance part is
rolled in. So as far as doing a two-year bill and having some thoughtful consideration I thought made a lot
of sense. I've confirmed with the San Diego Mayor's office that nobody was contacted there, at all, to
even see what they thought, or give input, or see if they wanted to be the Chair, or anything. So, when
you talk about, Ms. Salas, an examination of how SANDAG operates, an examination takes some time and
an examination actually has a collaborative effort and input, and so, this is just written by a few people,
apparently, you know, yesterday the Assembly member was talking about how she met with some people,
and she did make it very, very clear on several occasions that she was only representing her constituents
in the south bay. She said that a few times.\And she also said that if, essentially if, well regardless of what
they did, that she was going to get this bill through. She said that as well. So, you know, I've been thinking
about it the last 24 hours, and I just thought what happened yesterday was so unfortunate, unnecessary,
divisive, the absolute opposite of collaboration. And disrespectful, to all of, you know, I am representing
the big city, but seriously disrespectful to every single smaller city. It's like taking the senate and changing
it and saying California gets 10 senators and Rhode Island gets 1. It's just not right, and it's not right, you
know some of the things I heard yesterday during the discussion were micromanaging the governance,
the solution in search of a problem. There was all kinds of things, and yet, at the end of the day, when it
was a nine to six vote, we were threatened before the vote, saying if it doesn't go to support, we're going
to go nuclear. And it could have gone nuclear with, you know Ms. Salas initially was holding out for a
neutral, but then changed to support. The nuclear could have gone with neutral. But it didn't. It went with
support. And so, what we heard today, in the, when we were getting the presentation was that yesterday,
MTS did a support with amendments. This is exactly what we knew would happen. And that would be
communicated up to the legislature, that MTS is supporting with amendments. No word whatsoever that
it was a nuclear option first time used in decades and that the majority, including a lot of the small cities,
everyone in the north was disenfranchised from that vote. I think that's just wrong on every level. And so,
and it's not true, if you go back to Ms. Gonzalez and say that ok they opposed it and so they don't want
any discussion and they don't want any input, that is not at all what this board has said. In any way shape
or form. And so, I'm just saddened by this whole thing. And I don't think it's necessary, and it's so divisive.
And I hope we can get past this and continue to work together as a region and have the smaller cities have
the input that they deserve, and the representation. And the idea that you're going to eliminate a tally
vote, blows my mind, just blows my mind. So anyway, those are my comments. Thank you.
Jason Haber
April 18, 2017
Assembly Bill 805
San Diego Transportation Agencies
Assembly Bill 805 (Gonzalez Fletcher)
•Proposed legislation amends Public Utilities Code, affecting:
–SANDAG, MTS & NCTD Board compositions and
memberships
–Voting procedures and weighted vote allocations
–Creation of a SANDAG audit committee
–Annual SANDAG financial and performance audits
Assembly Bill 805 (Gonzalez Fletcher)
•Proposed legislation amends Public Utilities Code, affecting:
–Annual SANDAG Transportation Committee report to CA
legislature
–Consideration of greenhouse gas emissions and disadvantaged
communities in SANDAG regional comprehensive planning
–MTS & NCTD jurisdictional transactions & use tax / bonding
authority
–Reimbursement of state mandated costs
SANDAG Background
•1972:Comprehensive Planning Organization established as
independent joint powers agency
•1980:CPO renames itself SANDAG
•SB 1703 (2003):SANDAG as consolidated regional agency for
transit planning, programming, project development, and
construction
•Organizational, governance and voting structures of
SANDAG, MTS and NCTD prescribed by statute
SANDAG Board
•Governed by a 21-member Board of Directors
–Mayors, councilmembers, and county supervisors
–From each of the region's 19 local governments
•Each jurisdiction appoints one primary member
•The City of San Diego and the County of San Diego, each have
two members
SANDAG Board Composition
Current
SD County has 2 reps –1 from
incorporated, 1 from unincorporated
SD City has 2 reps –appointed by City
Each jurisdiction appoints its rep(s)
Chair & Vice Chair selected annually by
Board
Proposed w/ AB 805
County has 2 reps –Chair of Board &
secondary rep (un/incorporated)
City has 2 reps –Mayor & Council President
Each rep shall be Mayor of jurisdiction
Mayors of largest & 2nd largest cities
alternate Chair/Vice every 4 years
SANDAG Voting
Current
SD City decides how to split its votes
Consent items require majority tally
vote (*one vote per agency)
Non-consent items require majority of
weighted and tally votes based on
member agencies present
Proposed w/ AB 805
City must split votes equally between reps
Consent items require majority weighted
vote of members present
Eliminates tally vote. Only weighted vote of
members present required.
SANDAG Weighted Vote
Carlsbad 3 Encinitas 2 Poway 1
Chula Vista 8 Escondido 5 San Diego A 20
Coronado 1 Imperial Beach 1 San Diego B 20
County of San Diego A 8 La Mesa 2 San Marcos 3
County of San Diego B 8 Lemon Grove 1 Santee 2
Del Mar 1 National City 2 Solana Beach 1
El Cajon 3 Oceanside 5 Vista 3
The weighted vote distribution is calculated based on the State Department of Finance population
estimates as of May 1 of each year. The current weighted vote distribution is as follows:
AB 805: SANDAG Weighted Vote
Carlsbad 3 Encinitas 2 Poway 1
Chula Vista 8 Escondido 45 San Diego A 2120
Coronado 1 Imperial Beach 1 San Diego B 2120
County of San Diego A 7.58 La Mesa 2 San Marcos 3
County of San Diego B 7.58 Lemon Grove 1 Santee 2
Del Mar 1 National City 2 Solana Beach 1
El Cajon 3 Oceanside 5 Vista 3
SANDAG estimates that the weighted vote distribution under AB 805 would be modified as follows:
NCTD Background
•SB 802 (1975):North San Diego County Transit
Development Board
•plan, construct and operate public transit systems
•SB 1703 (2003):transit planning, programming,
development and construction to SANDAG
•Organizational, governance & voting structure
•NSDCTDB operates BREEZE, COASTER and SPRINTER
•AB 1238 (2005):NSDCTDB renamed NCTD
NCTD Board
•Governed by a 9-member Board of Directors
–Mayors, councilmembers, and a county supervisor
–From each of the region's 9 local governments
•Carlsbad, Del Mar, Solana Beach, Encinitas, Oceanside, Vista, San
Marcos, Escondido, SD County
•Each jurisdiction appoints one member and an alternate
NCTD Board, Voting, Taxing
Current
Each jurisdiction appoints its rep
All official acts of the Board require the
affirmative vote of a majority of the
members of the Board
No taxing authority
Proposed w/ AB 805
Each rep must be Mayor of jurisdiction
All official acts of the Board require a
majority of the weighted vote of members
present
Authorizes Board to levy a ½ cent sales tax
for transit purposes upon voter approval
Weighted Vote: NCTD
112,930 9.23 9
4,274 .34 1
61 ,928 5.06 5
150,760 12.33 12
175,948 14.39 14
93,295 7.6 8
Solana Beach 13,494 1.10 1
98,896 8.08 8
County of San 511,119 41.80 42
Diego
Next Steps
•AB 805 has been scheduled for its first hearing by the
Assembly Committee on Local Government on April 19, 2017
•AB 805 has been referred to the Assembly Committee on
Transportation; hearing date has not been set
•City of Carlsbad Legislative Platform does not provide
definitive guidance concerning the proposed legislation
City Council Action
•Council may direct staff to take any of the following actions:
–Support AB 805 in its entirety
–Oppose AB 805 in its entirety
–Support certain aspects of the bill, but remain neutral or oppose other aspects
–Oppose unless amended
–Watch and report back
–Delay action and seek clarification
–Take no further action