BILL NUMBER: SB 1296 CHAPTERED 08/22/06 CHAPTER 142 FILED WITH SECRETARY OF STATE AUGUST 22, 2006 APPROVED BY GOVERNOR AUGUST 22, 2006 PASSED THE ASSEMBLY AUGUST 10, 2006 PASSED THE SENATE MARCH 30, 2006 AMENDED IN SENATE MARCH 23, 2006 INTRODUCED BY Senator Kehoe (Coauthor: Senator Ducheny) (Coauthors: Assembly Members Shirley Horton, Plescia, and Vargas) FEBRUARY 15, 2006 An act to amend Sections 132351.1 and 132351.2 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 1296, Kehoe San Diego Consolidated Transportation Agency: governance. Existing law provides for the consolidation of certain regional transportation planning, programming, and related functions from various existing agencies, including the San Diego Association of Governments (SANDAG), the San Diego Metropolitan Transit Development Board (MTDB), and the North County Transit District (NCTD). Existing law provides for a board of directors of 20 members to govern the consolidated agency, with a specified weighted voting formula required for the taking of action on certain items. This bill would instead provide for a board of directors of 21 members by adding a second representative from the San Diego County Board of Supervisors. The bill would specify the selection of the two supervisor representatives from substantially incorporated and unincorporated areas of the county, respectively. The bill would make other related changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. 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" shall mean 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 of the San Diego County Board of Supervisors to serve until recalled by the governing body of the city or county. The City of San Diego and the County of San Diego shall each have a primary and secondary representative. 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 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. (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) At its discretion, each city and county may select a second alternate, in the same manner as the primary representative, to serve on the board in the event that neither the primary representative nor the regular 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 said 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. 2. 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, except consent items which only require the vote specified in paragraph (1), the following voting formula in both paragraphs (1) and (2) shall apply: (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 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 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, 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. (e) The weighted vote shall be recomputed in the above manner every July 1. (f) 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, at which time the new agency shall receive votes in accordance with the formula specified in subdivision (b). Until this recomputation, the total weighted vote may exceed 100.