BILL ANALYSIS Ó SENATE GOVERNANCE & FINANCE COMMITTEE Senator Lois Wolk, Chair BILL NO: AB 1058 HEARING: 6/12/13 AUTHOR: Chávez FISCAL: Yes VERSION: 5/16/13 TAX LEVY: No CONSULTANT: Lui SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY Makes several changes to the laws governing the San Diego County Regional Airport Authority. Background In 2000, the Legislature created the San Diego Regional Government Efficiency Commission (RGEC), which developed plans to consolidate regional agencies and improve coordination of regional functions (SB 329, Peace, 2000). RGEC released its report and recommended that the Legislature consolidate the region's aviation responsibilities into a new San Diego Regional Airport Authority. In response to those recommendations, AB 93 (Wayne, 2001) created the San Diego County Regional Airport Authority (the Authority) with the power to plan, site, own, and operate a new regional airport, shifting powers from the San Diego Unified Port District and the San Diego Association of Governments (SANDAG). The Authority has three key functions: Own and operate the San Diego International Airport (Lindbergh Field). Adopt airport land use compatibility plans for the county's 16 airports. Plan for the region's future air transportation needs. Since 2001, the Authority has completed its plan for San Diego International Airport's future development, and some provisions in the Authority's enabling act pertain to outdated timelines. The Authority would like to update its enabling legislation. Proposed Law AB 1058 -- 5/16/13 -- Page 2 Assembly Bill 1058 makes several changes to laws governing the San Diego County Regional Airport Authority. Board of Directors . Current law provides that a nine-member board of directors governs the Authority: The Mayor of San Diego appoints three persons, two of whom are subject to confirmation by San Diego City Council, and at least one must be either a city councilmember or the Mayor. The Chair of the Board of Supervisors appoints two persons, subject to confirmation by San Diego County's Board of Supervisors. At least one must be a county supervisor. The mayors of the east county cities appoint one city councilmember or a resident from their cities. The mayors of the north county coastal cities appoint one city councilmember or a resident from their cities. The mayors of the north county inland cities appoint one city councilmember or a resident from their cities. The mayors of the south county cities appoint one city councilmember or a resident from their cities. Current law defines: "East county cities" as El Cajon, La Mesa, Lemon Grove, and Santee. "North county coastal cities" means Carlsbad, Del Mar, Encinitas, Oceanside, and Solana Beach. "North county inland cities" means Escondido, Poway, San Marcos, and Vista. "South county cities" means Chula Vista, Coronado, Imperial Beach, and National City. Assembly Bill 1058 clarifies that the Board of Directors (Board) for the Authority shall consist of nine voting members. Existing law requires the Authority's four regional jurisdictions to appoint their Authority Board member at a meeting of the city selection committee, defined as a committee created for the purpose to appoint city representatives to boards, commissions, and agencies, pursuant to state law. Assembly Bill 1058 eliminates the term "city selection committee" and removes the requirement that the four regional jurisdictions appoint their member AB 1058 -- 5/16/13 -- Page 3 at a city selection committee meeting. The bill, instead, requires the appointment be made a public meeting pursuant to a majority vote of the regional jurisdiction's mayors. Existing law requires that a city selection committee's meeting be subject to the Ralph M. Brown Act, the open-meeting law for local governments. Assembly Bill 1058 requires that meetings convened by mayors of cities to appoint a city councilmember or resident to the Authority's governing board be subject to the Ralph M. Brown Act and be publicly noticed by the Authority and by each of the cities whose mayor is eligible to participate. Assembly Bill 1058 also requires the meetings to be conducted by the Authority clerk who must record the meeting's minutes. Assembly Bill 1058 authorizes the Authority to issue guidance to cities concerning the appointment process. The bill clarifies that the Mayor of San Diego must appoint the Board chair from among the nine voting members of the Board. Terms of office . To provide for an orderly transition from the San Diego Unified Port District and the San Diego Association of Governments, current law specifies terms of office for appointments to the Board. Assembly Bill 1058 repeals this language. The bill authorizes a Board member to continue to serve beyond his or her term's expiration, until a successor takes office. Assembly Bill 1058 changes the date when a Board member must take office, from noon on the first Monday in February following their appointment to 12:01 am on February 1 of the year when the appointment commences. If a board appointment is made after February 1 of the year when the member's term is scheduled to commence, the Board member must take office immediately upon appointment, and if applicable, after receiving confirmation, to serve the remainder of the term. Vacancy . Current law requires any Board vacancy to be filled promptly, pursuant to state law. Assembly Bill 1058 removes this language. AB 1058 -- 5/16/13 -- Page 4 Current law provides that if a Board member serving an extended term pursuant to state law leaves office prior to the expiration of his or her term, the vacancy shall be filled for the balance of the unexpired term pursuant to state law, except if a vacancy occurs for the Governor's appointment to the board of directors before June 30, 2011, then the Governor must make the appointment to fill the vacant office for the balance of the unexpired term. Assembly Bill 1058 removes the language pertaining to 2011 and the Governor's appointments. Board's Executive Committee . The Board must have a 3-member Executive Committee, comprised of: The chair of the Authority's Board. A Board member appointed by the Chair of the Board of Supervisors. A Board member appointed by city selection committees. Assembly Bill 1058 clarifies the membership of the Board's Executive Committee to include: A board member selected from among those members appointed by the Mayor of the City of San Diego pursuant to state law (category 1), A board member appointed by the Chair of the Board of Supervisors pursuant to state law (category 2), and A board member selected from among the four regional jurisdictions (category 3). Assembly Bill 1058 also requires that Executive Committee members be the following: Chair of the Authority's board of directors, Vice-chair of the Authority's board of directors, appointed from a category different than the chair, and A third Board member appointed from a category not represented on the executive committee. Assembly Bill 1058 requires that the Vice-chair and the third Board member be selected to serve by a vote of the Board. Weighted votes . Current law provides that adopting an ordinance, resolution, or motion requires both a numerical and weighted majority vote of the total voting membership of the Board. Current law defines a numerical majority as AB 1058 -- 5/16/13 -- Page 5 an affirmative vote of five of the voting membership of the Board. Assembly Bill 1058 clarifies that a "numerical majority" requires at least five affirmative votes. Existing law defines "weighted majority" as an affirmative vote of 51 vote points allocated to the voting membership of the Board, or an affirmative vote of 50% plus one of the total vote points. Assembly Bill 1058 clarifies that a "weighted majority" requires at least 51 points, or at least 50% plus one of the total vote points. Existing law requires the allocation of vote points, for the purposes of the Board's weighted votes, to be made by the Board based on SANDAG's population calculations every July 1. Assembly Bill 1058 changes the date from "every July 1" to "annually." Audit committee . Current law requires the Board, on or before July 1, 2000, to expand the membership of the audit committee, which acts independently and is charged with oversight of the Authority's financial reporting and operations. Assembly Bill 1058 eliminates this date and the requirement to expand the audit committee's membership, and instead establishes the audit committee as a standing committee of the Board. Existing law requires that public members must be appointed for three-year terms, commencing July 1, 2008 and specifies the terms for staggered terms, wherein the initial term of one of the public members is one year, the initial term of another public member must be two years, and the initial term of one of the public members be three years. Assembly Bill 1058 eliminates this language and provides that the public members must be appointed by the Board for staggered three-year terms. San Diego Regional International Airport . Current law requires the Authority to adopt a comprehensive plan on the future development of San Diego's regional international airport. The Authority also must review all options of alternative sites, including expansion of existing airport site and other development options available to address future airport needs. Because the Authority adopted this comprehensive plan in 2008, Assembly Bill 1058 makes this language permissive. AB 1058 -- 5/16/13 -- Page 6 The Port . Current law requires the Port to transfer all title and ownership to the San Diego International Airport to the Authority, consistent with terms specified in state law, and the transition plan, required under state law. Assembly Bill 1058 removes language pertaining to the transition plan. Rent . Current law requires the Port to agree to lease, for a period of 66 years, starting on January 1, 2003, to the Authority, specified parcels. The law also provides how much rent must be paid monthly for calendar years 2003 through 2005, and specifies that the annual rent shall be level based on a fair market value of the property as of January 1, 2006. Assembly Bill 1058 eliminates language related to rent for years 2003 through 2005. Transition . Current law requires the Authority to develop a transition plan to facilitate the transfer of San Diego International Airport (Airport) to the Authority. The Authority and the Port must jointly commission a certified audit to determine San Diego International Airport's financial condition. Current law also requires that the transfer of the Airport to the Authority be completed on or after December 16, 2002. Upon completion of the transfer, the Authority must hire existing Port staff assigned to the aviation division. The transfer may not impair any contracts with vendors, tenants, employees, or other parties. Because the transition was completed in 2003, Assembly Bill 1058 removes language pertaining to the transition plan. Miscellaneous . The bill also makes other technical and conforming changes. State Revenue Impact No estimate. Comments Purpose of the bill . In 2001, Wikipedia went online for the first time, Apple stock was $10 per share, and the average price of one premium gallon of gas in California was $1.82. It's also been 12 years since San Diego County AB 1058 -- 5/16/13 -- Page 7 Regional Airport Authority was first established. According to the author, "AB 1058 serves as a 'clean-up' bill, making necessary changes to the Act that have been identified by counsel, and eliminating sections of the Act which are outdated and obsolete." AB 1058 removes these outdated provisions and provides clarity in the Authority's governing statute. Assembly Actions Assembly Local Government:9-0 Assembly Appropriations: 17-0 Assembly Floor: 74-0 Support and Opposition (6/6/13) Support : San Diego County Regional Airport Authority; California Airports Council. Opposition : Unknown.