Bill Text: CA AB805 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: County of San Diego: transportation agencies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-11 - Chaptered by Secretary of State - Chapter 658, Statutes of 2017. [AB805 Detail]
Download: California-2017-AB805-Amended.html
NOYES
Local Program:
NOYES
120050.5. 120051.1. of the board. However, after a 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. shall constitute constitutes a quorum for the transaction of business, and all business. All official acts of the board shall require the affirmative vote of a
the majority of the weighted vote of the members of the board. 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. except consent items which only require the vote specified in paragraph (1), the following voting formula in both paragraphs (1) and (2) shall apply:(2)A
the affirmative vote of the majority of the weighted vote of the member agencies present. members present is required. four five standing policy advisory committees named the executive, transportation, regional planning, and borders borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated
agency. The membership shall be as follows: the any officers of the board other than the chairperson and
the vice chairperson shall be established by the board.If the consolidated agency prepares a In preparing and updating the regional comprehensive plan, it is the intent of the Legislature that:
Bill Title: County of San Diego: transportation agencies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-11 - Chaptered by Secretary of State - Chapter 658, Statutes of 2017. [AB805 Detail]
Download: California-2017-AB805-Amended.html
|
Amended
IN
Assembly
March 23, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 805 |
| Introduced by Assembly Member Gonzalez Fletcher |
February 15, 2017 |
An act to amend Section 132351.1 of Sections 120050.2, 120051.6, 120102.5, 125050, 125102, 132351.1, 132351.2, 132351.4, 132352.3, 132354.1, and 132360.1 of, to add Article 11 (commencing with Section 120480) to Chapter 4 of Division 11 of, to add Article 9 (commencing with Section 125480) to Chapter 4 of Division 11.5 of, and to repeal Sections 120050.5 and 120051.1 of, the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 805, as amended, Gonzalez Fletcher.
San Diego Consolidated Transportation Agency: governance. County of San Diego: transportation agencies.
Existing
(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 (SANDAG), the San Diego Metropolitan Transit Development Board (MTDB), Board, also known as the San Diego Metropolitan
Transit System (MTS), and the North County Transit District (NCTD). Existing law provides for a board of directors of 21 members to govern the consolidated agency, as specified.
This bill would make nonsubstantive changes to these provisions.
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. The bill would also revise the selection of alternate members of the board.
Existing law, in order for the SANDAG 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 SANDAG 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 selection of an independent 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 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 be the mayor of the City of San Diego. 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 2/3 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 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
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.
(c)One member of each city council appointed individually by the City Councils
(b) The mayors of the Cities of Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, and Santee.
(d)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 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 120102.5 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 15. 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 15.
(c) Three members of the City Council of the City of San Diego and one member of the City Council of the City of Chula Vista, each appointed by their respective city council.
(d) The chairperson of the board shall be the mayor of the city with the largest population.
SEC. 2.
Section 120050.5 of the Public Utilities Code is repealed.Any person who 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 120051.1 of the Public Utilities Code is repealed.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 within the unincorporated area of the County of San Diego under the jurisdiction of the transit development board as defined in Section 120054.
SEC. 4.
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 board.
(b)The City Council of the City of San Diego shall appoint a member of the city council not already appointed pursuant to subdivision (b) of Section 120050.2 to serve as an alternate member of the transit development board for each of the members appointed by the city council to the transit development board.
(c)
(b) The city councils of the cities specified in subdivision (c)
(b) of Section 120050.2 shall each individually appoint a member of their respective city councils not already appointed pursuant to that 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.
(d)
(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.
(e)
(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 who is a member of the board to serve as chairperson, the County of San Diego shall appoint an alternate supervisor for the supervisor appointed pursuant to subdivision (d) of Section 120050.2.
SEC. 5.
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 weighted vote of the members(b) In the case of a weighted vote, each of the four representatives of the City of San Diego shall exercise 121 2 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:
(c)Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board.
(d)The weighted 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 120265.
(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 allocation 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) The City of San Diego shall allocate half of its weighted vote to the mayor of the City of San Diego, 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.
(f)
(d) For
purposes of subdivision (c),
(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 board. board pursuant to Section 120054.
(g)
(e) The board shall adopt a policy and procedure to implement this section.
SEC. 6.
Article 11 (commencing with Section 120480) is added to Chapter 4 of Division 11 of the Public Utilities Code, to read: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, if two-thirds of the voters voting on the measure vote to approve its imposition at a special election called for that purpose by the board. 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.
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 allocation of revenues for the purposes authorized by this section.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.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.
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 Diego 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 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.
Section 125102 of the Public Utilities Code is amended to read:125102.
(a) A majority of the members of the board(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 allocation 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. 9.
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, if two-thirds of the voters voting on the measure vote to approve its imposition at a special election called for that purpose by the board. 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.
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 allocation of revenues for the purposes authorized by this section.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 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.
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.Section 132351.1 of the Public Utilities Code is amended to read:
132351.1.
(a) A board of directors consisting of 21 members shall govern the consolidated agency.(b) For purposes of this chapter, “governing body” 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 representative. Each representative, which 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 a mayor, councilperson, or supervisor the mayor of the governing body which selected him or her. Vacancies shall be filled in the same manner as originally selected.
of his or her city. Each city or county shall also select in the same manner as the primary or secondary representative, if applicable, 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, 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, a supervisor who represents a district that is substantially an incorporated area shall be appointed to the board as the secondary representative.
(f)
(e) At its discretion, each city and 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)
(f) The board may allow for the appointment of advisory representatives to sit with the board but in no event shall 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 designate an advisory representative to sit with the board.
SEC. 11.
Section 132351.2 of the Public Utilities Code is amended to read:132351.2.
(a) A majority of the member agencies constitute a quorum for the transaction of business. In order to act on any item,(1)A majority vote of the members present on the basis of one vote per agency.
(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 its weighted votes
equally
between their its 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 the total population of the San Diego County region, allocate 40 votes to that agency and follow paragraph (2), if not, follow paragraph (3).
(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 whole 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.
(A)Boost fractions that are less than one, to one and add the whole numbers.
(B)If the answer to subparagraph (A) is 100, drop all fractions and the whole numbers are the votes for each agency.
(C)If the answer to subparagraph (A) 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.
(D)If the answer to subparagraph (A)
is more than 100, the excess vote(s) is taken one each from that agency(s) with the lowest fraction(s). In no case shall a vote be reduced to less than one.
(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.
(1) Compute the total population of the San Diego region 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 allocation 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.
(e)
(d) The weighted vote
formula under subdivision (c) shall be recomputed in the above manner
every July 1.
(f)
(e) Any other newly incorporated city shall receive one vote under the single vote procedure and one vote under the weighted vote procedure specified above until the next recomputation of the weighted vote, 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.
Section 132351.4 of the Public Utilities Code is amended to read:132351.4.
(a) The consolidated agency shall have(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 and the vice chairperson of the consolidated agency shall each be one of the six voting members. The vice
chairperson of the consolidated agency shall 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), inclusive, of Section 132350.2.
(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.
(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 oversee and direct the work of the independent 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 time. time, except those board members serving on the audit committee.
SEC. 13.
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 forSEC. 14.
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.(b) The audit committee shall appoint an independent auditor, subject to approval by the board, to perform audits of the consolidated agency, which shall include, but not be limited to, all of the following:
(1) Financial transactions report.
(2) Expenditure plan.
(3) Annual budget.
(4) Revenue forecasts.
(c) The independent auditor shall serve a term of five years, and may only be removed for cause.
(d) 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.
(e) 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.
Section 132360.1 of the Public Utilities Code is amended to read:132360.1.
(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 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.
(c)
(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.
(d)
(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.
(e)
(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.
(f)
(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, quality and supply, infrastructure,
air quality, energy, solid waste, economy, and open space, including habitat. At some future date, components such as water supply, air quality, solid waste, economy, and energy should be part of the regional comprehensive plan.
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.
(h)
(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.
