BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1058|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: AB 1058
Author: Chávez (R), et al.
Amended: 5/16/13 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 6/12/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Liu
NO VOTE RECORDED: Hernandez
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/20/13 - See last page for vote
SUBJECT : San Diego County Regional Airport Authority
SOURCE : San Diego County Regional Airport Authority
DIGEST : This bill makes several changes to the laws governing
the San Diego County Regional Airport Authority (Authority).
ANALYSIS : Existing law establishes 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:
1. Own and operate the San Diego International Airport
(Lindbergh Field).
2. Adopt airport land use compatibility plans for the county's
CONTINUED
AB 1058
Page
2
16 airports.
3. Plan for the region's future air transportation needs.
This bill makes several changes to laws governing the Authority.
1. Board of Directors . Existing 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.
Existing 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.
CONTINUED
AB 1058
Page
3
This bill 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.
This bill eliminates the term "city selection committee" and
removes the requirement that the four regional jurisdictions
appoint their member at a city selection committee meeting.
This 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.
This bill 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. This
bill also requires the meetings to be conducted by the
Authority clerk who must record the meeting's minutes.
This bill authorizes the Authority to issue guidance to
cities concerning the appointment process.
This bill clarifies that the Mayor of San Diego must appoint
the Board chair from among the nine voting members of the
Board.
2. Terms of office. To provide for an orderly transition from
the San Diego Unified Port District and the SANDAG, existing
law specifies terms of office for appointments to the Board.
This bill repeals this language.
This bill authorizes a Board member to continue to serve
CONTINUED
AB 1058
Page
4
beyond his/her term's expiration, until a successor takes
office.
This bill 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.
3. Vacancy . Existing law requires any Board vacancy to be
filled promptly, pursuant to state law.
This bill removes this language.
Existing law provides that if a Board member serving an
extended term pursuant to state law leaves office prior to
the expiration of his/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.
This bill removes the language pertaining to 2011 and the
Governor's appointments.
4. Board's Executive Committee . The Board must have a
three-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.
This bill 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),
CONTINUED
AB 1058
Page
5
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).
This bill 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.
This bill requires that the Vice-chair and the third Board
member be selected to serve by a vote of the Board.
5. Weighted votes . Existing 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. Existing law defines a numerical majority as an
affirmative vote of five of the voting membership of the
Board.
This bill 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.
This bill 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.
This bill changes the date from "every July 1" to "annually."
CONTINUED
AB 1058
Page
6
6. Audit committee . Existing 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.
This bill 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.
This bill eliminates this language and provides that the
public members must be appointed by the Board for staggered
three-year terms.
7. San Diego Regional International Airport . Existing 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, this bill makes this language
permissive.
8. The Port . Existing 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.
This bill removes language pertaining to the transition plan.
9. Rent . Existing 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
CONTINUED
AB 1058
Page
7
2005, and specifies that the annual rent shall be level based
on a fair market value of the property as of January 1, 2006.
This bill eliminates language related to rent for years 2003
through 2005.
10. Transition . Existing law requires the Authority to develop a
transition plan to facilitate the transfer of San Diego
International Airport to the Authority. The Authority and
the Port must jointly commission a certified audit to
determine San Diego International Airport's financial
condition. Existing 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, this bill removes
language pertaining to the transition plan.
11. Miscellaneous . This bill also makes other technical and
conforming changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/24/13)
San Diego County Regional Airport Authority (source)
California Airports Council
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR : 74-0, 5/20/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
CONTINUED
AB 1058
Page
8
Levine, Linder, Lowenthal, Maienschein, Mansoor, Medina,
Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Fox, Holden, Jones-Sawyer, Logue, Vacancy,
Vacancy
AB:k 6/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED