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Home My WebLink AboutCC AG PKT 2004-06-14 #H 6-*2' , off AGENDA REPORT DATE: June 14, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: June Yotsuya, Assistant City Manager SUBJECT: ADOPTION OF RESOLUTION 6)147 IN OPPOSITION OF AB 710 - (CORREA) PROVIDING AUTHORITY TO EXPAND THE MEMBERSHIP OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY GOVERNING BOARD SUMMARY OF REQUEST: L City Council is requested to adopt a resolution opposing AB 710 (Correa) that will provide authority to expand the membership of the Orange County Transportation Authority (OCTA) Governing Board. DISCUSSION: The City has received a letter from Senator Dick Ackerman, 35 District, requesting the City of Seal Beach formally oppose Assembly Bill 710. AB 710 seeks to change the composition of the OCTA's Governing Board by increasing the membership from 12 members to 18 members. It provides for all five county supervisors to serve on the authority, 10 city members be elected by an Orange County City Selection Committee, with one of the city members to represent the city with the highest employment base in Orange County, and would also provide for two public members and a state representative. Senator Ackerman states that there is a need for cities' roles to be broadened in the decision making process for regional transportation, however, the current language does not treat cities equally. Although the bill received support from the cities of Garden Grove, Huntington Beach, Irvine, Mission Viejo, Santa Ana, and Stanton, it is currently opposed by the cities of Aliso Viejo, Brea, Costa Mesa, Cypress, Fullerton, Laguna Woods, Lake Forest, La Palma, Los Alamitos, San Clemente, San Juan Capistrano, Tustin, and Westminster. • Agenda Item /y - • June 14, 2004 City Council Agenda Report- Opposition to AB 710 re: expanding membership on OCTA's Governing Board Page 2 The opposing cities argue that population should not be the overriding factor in establishing a revised membership of OCTA. They believe that the bill proposes an inequitable approach to membership and that it is more advantageous to have an open selection process where city representatives are selected from among all the cities in the county. FINANCIAL IMPACT: No projected direct fiscal impact to cities. RECOMMENDATION: City Council to consider the adoption of Resolution No. opposing AB 710 (Correa) providing for the expansion of the Orange County Transportation Authority Governing Board. Submitted by: e Yo rf ya, Assistant City Manager NOTE 0 ) APPRO D: John t Bahorski, City Manager Attachments STATE CAPITOL Clan fiirn a State Senate DISTRICT OFFICE SACRAMENTO, CA 95814 17821 EAST 17TH STREET TEL (916) 445 -4264 SUITE 180 FAX (916) 445 -9754 44' E1V - TUSTIN, CA 92780 E SENATOR.ACKERMAN@SEN.CA.GOV `' . ( °� i TEL (714) 573 - 1853 jL FAX (714) 573 -1859 rift DICK ACKERMAN SENATE REPUBLICAN LEADER May 24, 2004 SENATOR, THIRTY -THIRD DISTRICT ; � �u.Q os'f The Honorable Pa pbell - Mayor, City of eal Beach 211 8 Street Seal Beac , CA 91740 Dear Ma am bell: I am writing to ask you to formally express your opposition to Assembly Bill 710. On May 6, 2004, AB 710 was amended to include provisions not contained in the League of Cities' "League Compromise" as discussed at the AB 710 meeting on December 18, 2003. Instead, these new amendments: • allow for a special carve -out for Irvine • prohibit a public member from serving on the Orange County Transportation Authority board of directors if that public member has been elected to an agency or special district within Orange County within the past four years. I oppose these amendments and continue to support the agreement that was reached in December. The OCTA board will be making increasingly important decisions regarding Orange County's future needs in planning, transportation, and growth; it is imperative that cities' roles in these decisions are broadened. AB 710, however, does not treat cities equally and does not enjoy the support of the majority of those directly affected by its provisions. Please submit a formal letter of opposition to my capitol office, Assemblymember Lou Correa's capitol office, and to the Orange County Division of the League of Cities. Thank you for your prompt attention to this matter. Sincerely, L.—AS-1( DICK ACKERMAN Senator, 3r District DA/pd AMENDED IN SENATE MAY 10, 2004 AMENDED IN SENATE SEPTEMBER 8, 2003 AMENDED IN SENATE JULY 1, 2003 AMENDED IN ASSEMBLY APRIL 29, 2003 CALIFORNIA LEGISLATURE- 2003 -04 REGULAR SESSION ASSEMBLY BILL No. 710 • Introduced by Assembly Member Correa February 19, 2003 An act to amend Section 130052 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 710, as amended, Correa. Orange County Transportation Authority. Existing law establishes the Orange County Transportation Authority which is composed of 12 members. , • including 4 members of the board of supervisors and 6 city members-te appointed by the Orange County City Selection Committee. Existing - : - - - ' ' - - - - ; ..- - : - :.- provides for the appointment of alternate — member members of the authority alternate mcmbcr to serve and vote if one of the other 6 members 95 • AB 710 — 2 — This bill would increase the size of the authority to 18 members. The bill would - : • • -, - : , , . - - : ::. : app es provide that all 5 county supervisors serve on the authority, would provide that 10 city members be elected by certain members of the Orange County City Selection Committee, except that one of the city members would be required to be selected to represent the city with the highest employment base in Orange County, and would provide for 2 public members. The bill would delete the requirement provisions relating to-appoint-an appointment of altematc mcmbcr for these-city members. The bill would make other related changes. By expanding the membership of the Orange County Transportation Authority, the 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: HO- yes. State - mandated local program: fie yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 130052 of the Public Utilities Code is 2 amended to read: 3 130052. The Orange County Transportation Commission 4 shall be known as the Orange County Transportation Authority 5 and shall be governed by a board of directors consisting of 18 6 members appointed as follows: 7 (a) Five members of the Orange County Board of Supervisors 8 appointed by that board. Terms of office of the five members of the 9 board of supervisors shall be determined by the board of 10 supervisors. A board of supervisors member's term shall cease if 11 he or she no longer serves as a member of the board of supervisors. 95 T — 3 — AB 710 1 (b) Five city mcmbcrs, so that thcrc is one mcmbcr from each 4 distriet -A • 5 (b) (1) (A) Five city members, with one from each of the five 6 supervisorial districts, elected by the Orange County City 7 Selection Committee members within each supervisorial district 8 on a population - weighted voting basis. 9 (B) Five city members, with one from each of the five 10 supervisorial districts, elected on a "one city, one vote" basis by 11 the Orange County City Selection Committee members within 12 each supervisorial district. 13 (2) A city that is within more than one supervisorial district 14 shall be considered part of the district where the highest percentage 15 of the city's population resides. Under this circumstance, the 16 entire city's population shall be used for population- weighted 17 voting purposes. Each city member shall be a mayor or a city 18 council member serving within the county. Terms of office of each 19 city member shall be determined by the Orange County City 20 Selection Committee. A city member's term shall cease if he or she 21 no longer serves as a member of a city council or as the mayor of 22 a city. Each mcmbcr appointed to rcprcscnt the citics in 23 .: •. •. - - ;. . ..- .. 25 ..... : : - - a .- .... - - - - , • • 2 9 - -- - - - -- -_- :..... • - , . - . - -- - . .. 30 31 33 : . . . • - . . : . . - ... - • -- - : . • - 34 - - -- - 35 - -- - :: - -.::. • - . - - .. - -. . - : 36 - - . • - • - - .:. -. . • - ' -- . - - - -- - 38 -- - - - -- - : - - _ - - ,- - .. :. - : : • - - . 39 - -- --- - - - - - -- - - - - - , ... :: - 40 ,- .: . . ;- • : . : . . • . -, ,- - -- - -_ : : : 95 P AB 710 — 4 — 3 won (b). 4 (€1)— The Orange County city with the highest employment base 5 in the county, as determined by the Center for Demographic 6 Research of the California State University, Fullerton, shall be a 7 member under either subparagraph (A) or (B) of paragraph (1). 8 (c) Two public members appointed by a majority vote of the 9 other 15 voting members of the authority, which. Each public 10 member shall be a resident of Orange County who is not then 11 serving, and has not within the last four years served, as an elected 12 official of a city within the county, as an elected official of any 13 agency or special district within Orange County, or as an elected 14 official of the county. The Each public member shall serve for a 15 term of four years. 16 17 (d) The Director of Transportation, District 12, who shall be 18 appointed by the Governor as a nonvoting member. The member 19 shall serve for a term of four years. 20 SEC. 2. Notwithstanding Section 17610 of the Government 21 Code, if the Commission on State Mandates determines that this 22 act contains costs mandated by the state, reimbursement to local 23 agencies and school districts for those costs shall be made 24 pursuant to Part 7 (commencing with Section 17500) of Division 25 4 of Title 2 of the Government Code. If the statewide cost of the 26 claim for reimbursement does not exceed one million dollars 27 ($1, 000, 000), reimbursement shall be made from the State 28 Mandates Claims Fund 0 95 r