MEETING DATE:
SEPTEMBER 12, 2017
SUBJECT:
Title
RESOLUTION NO. 2017-8404 - RESTATING THE CITY’S OPPOSITION TO ASSEMBLY BILL 805 AND OPPOSING ITS RECENT AMENDMENTS
Body
Recommendation
Recommendation
ADOPT a resolution restating the City’s opposition to Assembly Bill 805 and opposing its recent amendments that include eliminating the right of residents to vote on changes to the SANDAG governance structure.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Relevant Department Goal
Not applicable
Introduction
This session, Assembly Member Lorena Gonzalez Fletcher (D-San Diego) introduced Assembly Bill 805 that would make significant changes to the boards of SANDAG, the San Diego Metropolitan Transit System (MTS), and the North County Transit District (NCTD) by establishing a weighted vote process for all actions by those boards. It would also create an audit process at SANDAG, and require the agency to include specific provisions on greenhouse gas emissions and disadvantaged communities in its regional comprehensive plan. The bill also authorizes MTS and NCTD to individually impose taxes in their specific regions for transit, with voter authorization.
The most significant part of the bill switches the SANDAG voting process to a strictly proportional one based on population, meaning the biggest cities would have the most votes out of the 100 votes allotted. Since San Diego and Chula Vista are the two largest cities, they would automatically make up about 50 percent of the Board’s votes, depending on the annual population estimates from the Department of Finance. San Marcos would have 3 votes depending on its annual population estimate. Under a small change to the bill, San Diego and Chula Vista would need two other cities to side with them to overrule all of the other jurisdictions. The NCTS voting process would be similar to SANDAG, but gives the most voting power to the County.
On March 28, 2017, the City Council unanimously approved Resolution 2017-8327 opposing AB 805. Since that time, the bill has passed every legislative committee and appears likely to make it to the Governor’s desk. Several amendments have also been added to the bill, including one that would eliminate county residents’ ability to change the SANDAG governance structure.
Discussion
Ballot prohibition amendment to AB 805
A troubling amendment was recently added that would prohibit voters in San Diego County from voting on a ballot measure that conflicts with AB 805 in any way. The amendment specifically says that any “ordinance or measure shall be consistent with, and shall not be in conflict with, any provision of this chapter,” meaning that only the legislature and the Governor would be able to change the key provisions mandated by AB 805. This specific amendment infringes on the democratic process by denying all San Diego voters the ability to change the SANDAG structure in the future. It appears to be in direct response to the SANDAG Board of Directors considering placing a measure on the ballot that would give the public the opportunity to vote on governance changes. The amendment is a direct attack on local control and San Marcos residents’ ability to vote on changes at the regional level.
Other amendments
Since the City Council voted to oppose AB 805 in March, the following significant amendments to the bill have been made:
• Representatives to SANDAG and NCTD no longer have to be the Mayor, but can be another City Council Member.
• The SANDAG Chair and Vice Chair would be elected by the Board membership by weighted vote every two years or upon a vacancy. The Chair and Vice Chair cannot represent the same “subregion,” with the subregions being east county, north county coastal, north county inland, south county, the City of San Diego, and San Diego County.
• A pro-union amendment was added that prohibits SANDAG and the transit districts from entering into construction contracts over $1 million unless the contractor and its subcontractors use a skilled and trained workforce or it falls within an apprenticeship occupation in the building and construction trades. Exceptions can be made if there is a project labor agreement.
• SANDAG’s transportation committee will have an additional member from the San Diego Unified Port District.
Impact of AB 805 on San Marcos
While AB 805 makes a few good governance changes through some of its audit and financing provisions, the bill would significantly decrease the voice of San Marcos on both the SANDAG and NCTD boards by giving the greatest voting power to the largest cities and the county. The changes to SANDAG would shift the agency from one that requires mutual cooperation from all cities to one that concentrates the power in the southern part of the county. Since those cities may vote their best interests and will not need to seek cooperation from other parts of the county, San Marcos and other North County cities could easily be left out of important transportation and other regional planning decisions. Additionally, San Marcos residents’ voices will be permanently and completely shut out from any opportunity to make changes to SANDAG at the ballot box in the future.
The state Department of Finance is also opposed to the bill because it creates a number of reimbursable state mandates and because the taxing authority granted to the transit agencies would cross jurisdictions, making implementation and enforcement very difficult. Our legislative advocates in Sacramento will continue speaking with legislators, the Governor’s staff, state agency staff, and others to stress the City’s opposition to the bill.
Attachments
Resolution
Letter of opposition to the Governor
Prepared by: Michael Gordon, Administrative Services Manager
Reviewed by: Phil Scollick, Business Process Director
Approved by: Jack Griffin, City Manager