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Home My WebLink About1995-07-11 - AGENDA REPORTS - STATE LEGISLATION SB 1152 (2)FITUt"O . I . City Manager Approval Item to be presented by: Michael P. Murphy CONSENT CALENDAR DATE: July 11, 1995 SUBJECT: State Legislation SB 1152 DEPARTMENT: Management Services BACKGROUND Council Member Heidt has requested that the City Council review Senate Bill 1152 (Polanco). SB 1152 would replace the existing appointed board of the Los Angeles County Metropolitan Transportation Authority with an independently elected governing board. In 1992, the Legislature approved Assembly Bill 152 which created the Los Angeles County Metropolitan Transportation Authority and provided for a 14 member governing board. The board members are appointed in the following manner: the five members of the Los Angeles County Board of Supervisors, the Mayor of the City of Los Angeles, two public members and one member of the Los Angeles City Council appointed by the Mayor of the City of Los Angeles, and four members appointed by district by the Los Angeles County City Selection Committee. Each governing board member also has an alternate member to represent the interests of the appointing authority should the board member be unable to attend meetings. Furthermore, alternate members are encouraged to actively participate in policy deliberations even if the board member for their appointing authority is also present. SB 1152 calls for dividing Los Angeles County into seven districts with two members elected from each district. If enacted, elections would be held in June, 1998 with assumption of office to occur on January 1, 1999. Proponents argue that a fully elected board will enable the voters to evaluate the background, beliefs and vision of MTA board candidates. They argue that elected board members would be accountable to the voters for their actions. Opponents argue that creating another special district will not ensure that the electorate will actually monitor the MTA any more closely than under the present system. They further argue that removal of a board member will be made more difficult as a recall election would be the only mechanism mp"''jr'p aurp 15 �; 11pttJJ� �� : `:''sla Item: available. Finally, aboard election will cost county taxpayers in excess of $1,000,000 to hold the first election. For the City of Santa Clarita, there is no guarantee that any member elected to serve this district would have ties to this area or in any way represent the transportation needs of this community. Under the present system, the North County/San Fernando Valley Sector is balanced in its representation. For example, the regional board member is from Glendale while the alternate member, Council Member Jan Heidt, represents north county interests. This arrangement ensures that Santa Clarita and the north county area will be represented during MTA policy deliberations. The present system of having appointed officials from various government jurisdictions ensures a more coordinated transportation management approach rather than the potential for balkanization of communities. •uu09�._ �►I Oppose Senate Bill 1152 and transmit statements of opposition to the members of Santa Clarita's legislative delegation, Senator Polanco, appropriate legislative committees, the Los Angeles County Metropolitan Transportation Authority, League of California Cities, Contract Cities Association and Independent Cities Association. ATTACHMENT Senate Bill 1152 MPM.sb1152.agd Then, press <ENTER> to continue => In bill text, brackets have special meaning: [A> <A] contains added text, and [D> <D] contains deleted text. CA SB 1152 06/29/95 California 1995-96 Regular Session 1995 CA SB 1152 Amended Polanco AMENDED IN SENATE AMENDED IN SENATE AMENDED IN SENATE Page 1 MAY 26, 1995 APRIL 26, 1995 APRIL 17, 1995 SENATE BILL No. 1152 INTRODUCED BY Senators Polanco and Hayden FEBRUARY 24, 1995 An act to add Section 130051.20 to, and to repeal and add Section 130051 of, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 1152, as amended, Polanco. Transportation: Los Angeles County Metropolitan Transportation Authority: governing body. (1) Under existing law, the Los Angeles County Metropolitan Transportation Authority consists of 14 members, who are either locally elected officials, or who are appointed. This bill would, instead, provide for a governing body of 14 members, all of whom would be elected from districts established by the Los Angeles County Board of Supervisors, as specified. By requiring the board of supervisors to establish districts, and by requiring elections to be held to elect members to the authority, the bill would impose a state -mandated local program. The bill would also prohibit an employee of the authority from being a candidate or serving as a member of the authority. [A> The bill would authorize the County of Los Angeles to bill the authority for any costs incurred by the county resulting from this act. <A] (2) This bill would additionally impose limitations on the making of gifts and campaign contributions to members or employees of the authority, as specified. (3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes with a 2/3 vote of each house and compliance with specified procedural requirements. This bill, which would declare that it, in part, furthers the purposes of the act, would therefore require a 2/3 vote. CA SB 1152 06/29/95 Page 2 (4) 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. [A> (5) The bill would require the Controller to deduct from any state funds allocated to the authority for transportation purposes, the amount the authority was reimbursed by the state for costs resulting from state mandates imposed by this act.. The deducted state funds would be transferred to the unappropriated balance of the fund from which they were appropriated. <A] Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 130051 of the Public Utilities Code is repealed. SEC. 2. Section 130051 is added to the Public Utilities Code, to read: 130051. (a) The Los Angeles County Metropolitan Transportation Authority consists of 14 elected members. (b) The county shall be divided into seven districts and the voters of each of those districts shall elect two members to the authority. (c) (1) The Los Angeles County Board of Supervisors shall establish the boundaries of the seven districts of the authority in accordance with subdivision (d) at a noticed, public hearing at which all interested parties may participate. (2) The boundaries of the seven districts shall be established by June 1, 1997, and are effective for the June 1998, direct primary election. (3) Except as provided in this section, the election of authority members shall be held in accordance with laws applicable to candidates seeking county offices and shall be conducted on the same date as the direct primary election. Any candidate for a particular seat who, at the direct primary election, receives a majority of all votes cast for candidates for that seat shall be elected to office. If no candidate for a particular seat receives a majority of all of the ballots cast for that particular seat, a runoff election shall be held between the two candidates receiving the highest number of votes at the direct primary election. The runoff election shall be held on the same date as the statewide general election. CA 5B 1152 06/29/95 Page 3 (4) Terms of members begin on January 1 of the year following their election. Terms of those members of the authority in office on December 31, 1998, who were not elected to a seat in 1998, shall expire on January 1, 1999. (5) Any vacancy in the authority shall be filled by a majority vote of the remaining members and the person so appointed shall hold office for the remainder of the unexpired term. However, if the unexpired term exceeds two years and there is sufficient time under the Elections Code for the seat to be placed on the ballot at the next direct primary election, the vacancy for the unexpired term shall be filled at that election. (d) (1) The seven districts shall be numbered consecutively, beginning with District Number 1, and each district shall have two seats, one designated as seat "A," and the other designated as seat "B." (2) Each term shall be for four years for all members, except that at the first election, the term for all "B" seats shall be for two years. [D> (e) A member shall be paid one hundred dollars ($100) for each meeting he or she attends as a member of the authority. Members shall also be reimbursed for expenditures related to their duties as members of the authority in accordance with criteria established by the authority. <D] [D> (f) <D] [A> (e) <A] Upon leaving office, members and designated employees of the authority, as defined in Section 82019 of the Government Code, shall not, within one year of leaving the authority, accept any position of employment from any lobbyist registered with the authority, or any company, vendor, or business that does business with the authority or is seeking to do business with the authority. [D> (9) <D] [A> (f) <A] An employee of the authority shall not be a candidate or serve as a member of the authority. [A> (g) The County of Los Angeles may bill the Los Angeles County Metropolitan Transportation Authority for any costs incurred by the county resulting from the enactment of this section. <A] SEC. 3. Section 130051.20 is added to the Public Utilities Code, to read: 130051.20. (a) (1) No construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with the Los Angeles County Metropolitan Transportation Authority shall give to a member or employee of the authority, or to any member of their immediate families, a gift or contribution of over ten dollars ($10) in value or amount. A "contribution" includes contributions to candidates or their committees in any federal, state, or local election. CA SB 1152 06/29/95 Page 4 (2) Neither the owner, an employee, or any member of their immediate families, of any construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with the authority shall make a gift or contribution of over ten dollars ($10) in value or amount to a member or employee of the authority, or to any member of their immediate families. (3) No member or employee of the authority, or member of their immediate families, shall accept a gift or contribution of over ten dollars ($10) in value or amount from any construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with the authority. (4) No member or employee of the authority shall make or participate in, or use his or her official position to influence, a contract decision if the member or employee has knowingly accepted a gift or contribution of over ten dollars ($10) in value in the past four years from a participant, or its agent, involved in the contract decision. (5) No member or employee of the authority, or member of their immediate families shall accept a gift or contribution of over ten dollars ($10) in value or amount from a construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity that has contracted with the authority in the preceding four years. (b) A member or employee of the authority who has participated as a decisionmaker in the preparation, evaluation, award, or implementation of a contract and who leaves the authority shall not, within three years of leaving the authority, accept employment with any company, vendor, or business entity that was awarded a contract as a result of his or her participation, evaluation, award, or implementation of that contract. SEC. 4. The Legislature finds and declares that the provisions of Section 3 of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. SEC. 5. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. [A> SEC. 6. Notwithstanding any other provision of law, the Controller shall deduct, from any state funds allocated to the Los Angeles County Metropolitan Transportation Authority for transportation CA 5B 1152 06/29/95 Page 5 purposes, the amount the authority was reimbursed by the state for costs resulting from state mandates imposed by this act. The deducted state funds shall be transferred to the unappropriated balance of the fund from which they were appropriated. <A] END OF REPORT Enter Bill # (or END to exit) _>