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outdated timelines.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.