Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles. The authority is governed by a 14-member board of directors that consists of the Mayor of the City of Los Angeles, 2 public members and one Los Angeles City Council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the Los Angeles County Board of Supervisors, and a nonvoting member appointed by the Governor.

Existing law requires the authority to submit a plan to the Legislature for revising the composition of the authority, if the number of members of the board of supervisors is increased, within 60 days of the increase.

This bill would require the authority, the Los Angeles County Division of the League of California Cities, the California Contract Cities Association, and the Los Angeles County City Selection Committee to prepare and provide to the Legislature by December 1, 2018, a plan agreed to by a ²/₃ vote of the designated representatives at least 3 of these entities, for reorganizing the membership of the authority to include 22 members, and to provide equitable and proportional to voting representation, with a total of 22 members, including more representation for cities other than the City of Los Angeles, of representation for each area of the county on the authority, and a date for implementing the plan that is including more representation for cities other than the City of Los Angeles. The bill would require the plan to provide for the reconstitution of the authority no later than January 1, 2020. The bill, commencing on January 1, 2020, would require the membership of the authority to be reconstituted pursuant to the plan. The bill, if a plan is not submitted or is not implemented, would, commencing on January 1, 2020, provide for the authority to consist of 22 members, including the 5 members of the Los Angeles County Board of Supervisors, the Mayor of the City of Los Angeles, 5 members of the Los Angeles City Council and one public member appointed by the mayor, one member appointed by the City of Long Beach, 8 members from cities other than Los Angeles appointed by the Los Angeles County City Selection Committee, and one nonvoting member appointed by the Governor. The bill would require every appointee to serve a 4-year term without limitation or until the expiration of the term of his or her elected office. The bill would also delete, on January 1, 2020, the requirement for the authority to submit a plan to the Legislature if the number of members of the board of supervisors is increased.

By imposing new duties on local government within the County of Los Angeles, the bill would impose a state-mandated local program.

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.

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 the statutory provisions noted above.

Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles. The authority is governed by a 14-member board of directors that consists of the Mayor of the City of Los Angeles, 2 public members and one Los Angeles City Council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the Los Angeles County Board of Supervisors, and a nonvoting member appointed by the Governor.

Existing law requires the authority to submit a plan to the Legislature for revising the composition of the authority, if the number of members of the board of supervisors is increased, within 60 days of the increase.

This bill would delete this requirement. The bill would also reduce the number of members of the board of supervisors on the board of directors of the authority from 5 to 2 members and would require that one supervisor represent the largest population in the unincorporated area of the County of Los Angeles. The bill would delete the appointment of 2 public members and require the Mayor of the City of Los Angeles to appoint 5 members of the City Council of the City of Los Angeles who represent contiguous clusters of 3 council districts. The bill would require the city council to determine contiguity. The bill would provide for 7 members to be appointed by the Los Angeles County City Selection Committee to represent the other cities in the County of Los Angeles from 4 specified sectors. require the authority, the Los Angeles County Division of the League of California Cities, the California Contract Cities Association, and the Los Angeles County City Selection Committee to prepare and provide to the Legislature by December 1, 2018, a plan agreed to by a ²/₃ vote of the designated representatives of these entities, for reorganizing the membership of the authority to provide equitable and proportional to voting representation, with a total of 22 members, including more representation for cities other than the City of Los Angeles, of each area of the county on the authority, and a date for implementing the plan that is no later than January 1, 2020. The bill, commencing on January 1, 2020, would require the membership of the authority to be reconstituted pursuant to the plan. The bill, if a plan is not submitted or is not implemented, would, commencing on January 1, 2020, provide for the authority to consist of 22 members, including the 5 members of the Los Angeles County Board of Supervisors, the Mayor of the City of Los Angeles, 5 members of the Los Angeles City Council and one public member appointed by the mayor, one member appointed by the City of Long Beach, 8 members from cities other than Los Angeles appointed by the Los Angeles County City Selection Committee, and one nonvoting member appointed by the Governor. The bill would require every appointee to serve a 4-year term without limitation or until the expiration of the term of his or her elected office. The bill would also delete, on January 1, 2020, the requirement for the authority to submit a plan to the Legislature if the number of members of the board of supervisors is increased.

By imposing new duties on local government within the County of Los Angeles, the bill would impose a state-mandated local program.

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.

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 the statutory provisions noted above.

Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles. The authority is governed by a 14-member board of directors that consists of the Mayor of the City of Los Angeles, 2 public members and one Los Angeles City Council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the Los Angeles County Board of Supervisors, and a nonvoting member appointed by the Governor.

Existing law requires the authority to submit a plan to the Legislature for revising the composition of the authority, if the number of members of the board of supervisors is increased, within 60 days of the increase.

This bill would delete this requirement and would add the county auditor as a nonvoting member of the board of directors. requirement. The bill would also reduce the number of members of the board of supervisors on the board of directors of the authority from 5 to 2 members and would require that one supervisor represent the largest population in the unincorporated area of the County of Los Angeles. The bill would delete the appointment of 2 public members and require the Mayor of the City of Los Angeles to appoint 5 members of the City Council of the City of Los Angeles who represent contiguous clusters of 3 council districts. The bill would require the city council to determine contiguity. The bill would provide for 7 members to be appointed by the Los Angeles County City Selection Committee to represent the other cities in the County of Los Angeles from 4 specified sectors. The bill would require every appointee to serve a 4-year term without limitation or until the expiration of the term of his or her elected office.

By imposing new duties on local government within the County of Los Angeles, the bill would impose a state-mandated local program.

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.

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 the statutory provisions noted above.

Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles County. Angeles. The authority is governed by a 14-member board of directors which that consists of the Mayor of the City of Los Angeles, 2 public members and one Los Angeles city council City Council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the board of supervisors, Los Angeles County Board of Supervisors, and a nonvoting member appointed by the Governor.

Existing law requires the authority to submit a plan to the Legislature for revising the composition of the authority, if the number of members of the board of supervisors is increased, within 60 days of the increase.

This bill would delete this requirement. requirement and would add the county auditor as a nonvoting member of the board of directors. The bill would also reduce the members of the board of supervisors from 5 to 2 members and would require that one supervisor represent the largest population in the unincorporated area of the County of Los Angeles. The bill would delete the appointment of 2 public members and require the Mayor of the City of Los Angeles to appoint 5 members of the City Council of the City of Los Angeles who represent contiguous clusters of 3 council districts. The bill would require the city council to determine contiguity. The bill would require every appointee to serve a 4-year term without limitation or until the expiration of the term of his or her elected office.

Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in Los Angeles County. The authority is governed by a 14-member board of directors which is consists of the Mayor of the City of Los Angeles, 2 public members and one Los Angeles city council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the board of supervisors, and a nonvoting member appointed by the Governor.

Existing law creates the Los Angeles County Metropolitan Transportation Authority with specified powers and duties relative to transportation planning, programming, and operations in Los Angeles County. The authority is governed by a 14-member board of directors which is the Mayor of the City of Los Angeles, 2 public members and one Los Angeles city council member appointed by the mayor, 4 members appointed from the other cities in the county, the 5 members of the board of supervisors, and a nonvoting member appointed by the Governor.

This bill would make nonsubstantive changes to these provisions.

Date of Hearing: June 28, 2017

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

SBPCA Bill Id:SB 268

Author:(Mendoza) – As Amended Ver:June 20, 2017

SENATE VOTE: 22-12

SUBJECT: Los Angeles County Metropolitan Transportation Authority.

SUMMARY: Revises the composition of the Los Angeles Metropolitan Transportation Authority (MTA) governing board, from 14 to 22 members, pursuant to the membership defined by this bill, unless a different composition is agreed to in a plan supported by specified local entities prior to December 1, 2018. Specifically, this bill:

1. Requires, on or before December 1, 2018, MTA, the Los Angeles County Division of the League of California Cities, the California Contract Cities Association, and the Los Angeles County City Selection Committee to prepare and provide to the Legislature a plan to reconfigure MTA's Board (Board) agreed to by a two-thirds vote of the designated representatives of each of these entities. Requires the following:
   1. The plan for reorganizing the Board to provide equitable and proportional to voting representation, with a total of 22 members, including more representation for cities other than the City of Los Angeles, of each area of the County on MTA, and a date for implementing the plan that is no later than January 1, 2020; and,
   2. On and after January 1, 2020, for the Board's membership to be as proposed by the plan.
2. Revises the composition of the Board, on January 1, 2020, pursuant to a), below, if MTA does not submit a plan, pursuant to 1), above, for reorganizing MTA's membership to the Legislature by December 1, 2018, or fails to implement the plan by January 1, 2020.
   1. Revises the Board by increasing the membership from 14 to 22 members, as follows:
      1. Increases, from one to four, Los Angeles City Council members, appointed by the Mayor of the City of Los Angeles;
      2. Decreases, from two to one, public members, appointed by the Mayor of the City of Los Angeles;
      3. Increases, from four to eight, the mayors or city council members appointed by the city selection committee; and,
      4. Adds the Mayor or a city council member from the City of Long Beach, appointed by the Long Beach City Council.
   2. Replaces the "Southeast Long Beach" sector with the "Southeast" sector and specifies that the affirmative vote required in existing law of the members of the Los Angeles County City Selection Committee members which represent a majority of the population of all cities in the county, excludes the City of Long Beach in addition to the City of Los Angeles.
3. Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school district for those costs shall be made, pursuant to the statutes which govern state mandated local costs.

EXISTING LAW:

1. Establishes the governing board for MTA comprised of 14 members, as follows:
   1. Five members of the Los Angeles County Board of Supervisors;
   2. The Mayor of the City of Los Angeles;
   3. Two public members and one member of the Los Angeles City Council appointed by the Mayor of the City of Los Angeles;
   4. Four members, each of whom shall be a mayor or a member of a city council, appointed by the Los Angeles County City Selection Committee from the following sectors:
      1. North County/San Fernando Valley sector;
      2. The Southwest Corridor sector;
      3. The San Gabriel Valley sector; and,
      4. The Southeast Long Beach sector.
   5. One non-voting member appointed by the Governor.
2. Requires the League of California Cities, Los Angeles County Division to define the sectors. Provides every city within a sector the ability to vote to nominate one or more candidates for consideration for appointment by the city selection committee. Requires a city's vote to be weighted in proportion to population based on the total population of all cities within the same sector.
3. Specifies that, if the population of the City of Los Angeles, at any time, becomes less than 35% of the combined population of all cities in Los Angeles County, the position of one of the two public members appointed by the Mayor of the City of Los Angeles, shall be vacated, and the vacant position shall be filled by appointment by the city selection committee from a city not represented by any other member currently appointed.
4. Requires that the members selected by the city selection committee serve four-year terms with no limitation on the number of terms that may be served by any individual.

FISCAL EFFECT: This bill is keyed fiscal and contains a state mandated local program. According to the Senate Appropriations Committee, the prior version of this bill had the followings costs:

1. Unknown reimbursable mandate costs, potentially in excess of $50,000 (General Fund), to the extent the City of Los Angeles submits a successful reimbursement claim with the Commission on State Mandates related to four new members of the City Council serving on the MTA board. Costs associated with duties and responsibilities of serving on the MTA board, and participating in the work of its Committees, are unknown.
2. Unknown local costs for MTA to add two new members to the governing board, some of which may be reimbursable by the state General Fund. Potentially reimbursable costs are likely to be minor.

COMMENTS:

1. MTA. MTA was created, pursuant to AB 152 (Katz), Chapter 60, Statutes of 1992, through the consolidation of the Los Angeles County Transportation Commission and the Southern California Rapid Transit District. MTA is now the third-largest public transportation system in the United States by ridership, serving more than 10 million people in a 1,433 square mile area. MTA is the regional transportation planner for all of Los Angeles County. MTA develops and oversees transportation plans, policies, funding programs, and both short-term and long-range solutions that address the County’s increasing mobility, accessibility and environmental needs.

Currently, the 14-member MTA Board is made up of the five Los Angeles County Supervisors, the Mayor of Los Angeles, two public members and one Los Angeles City Councilmember appointed by the Mayor of Los Angeles, four city council members appointed by the city selection committee, and one non-voting gubernatorial appointment.

1. Bill Summary. This bill requires MTA, the Los Angeles County Division of the League of California Cities, the California Contract Cities Association, and the Los Angeles County City Selection Committee to prepare and provide a plan to the Legislature to reorganize the membership of MTA. The plan must be agreed to by a two-thirds vote of the designated representatives of each of these entities, and calls for a Board with a total of 22 members that provides equitable and proportional voting representation, including more representation for cities other than the City of Los Angeles.

If MTA does not submit a plan to the Legislature by December 1, 2018, or fails to implement the plan by January 1, 2020, MTA's Board must be reconstituted. Starting, on January 1, 2020, without an agreed upon plan submitted to the Legislature and implemented by this date, the bill requires MTA's Board to be increased from 14 to 22 members, with new members including four additional Los Angeles City Council members, a city council member or the Mayor of Long Beach, and four additional members selected by the city selection committee. Additionally, one of the public members appointed by the City of Los Angeles Mayor would be removed. The full composition of the 22-member MTA Board would be made up of the five County Supervisors, the Mayor of Los Angeles, one public member and five Los Angeles City Council members appointed by the Mayor of Los Angeles, a city council member or the Mayor of Long Beach, eight city council members appointed by the city selection committee, and one non-voting gubernatorial appointment.

This bill is author-sponsored.

1. Author's Statement. According to the author, "This bill ensures that Board member seats fairly represent all areas of Los Angeles County when allocating the distribution of local (approximately $2.6 billion annually), state, and federal funds, as well as the organizing and delivery of transportation and transit services. SB 268 reorganizes and expands the MTA Board to provide more proportional representation within the Los Angeles County. Under the current distribution of MTA Board members, the 87 cities, outside the City of Los Angeles, which represent 52% of the county's total population, only represent 31% of the MTA Board. The current distribution of the MTA Board is unfair, and has resulted in uneven allocation of resources and services. This bill indents to ensure that the distribution of members on the MTA Board fairly represents the entire County of Los Angeles to improve the County's ability to develop a regional transit plan that meets the needs of all county residents."
2. Prior Legislation. Most recently, SB 522 (Mendoza) of 2016 was referred to the Assembly Rules Committee and never heard by a policy committee. SB 522 (Mendoza) would have increased MTA's Board to 24 members. SB 1472 (Mendoza) of 2016 was placed on the Senate Inactive File at the request of the author. SB 1472 (Mendoza) would have increased MTA's Board to 22 members. Both SB 522 and SB 1472 (Mendoza) sought to increase the number of members on the Board by increasing the appointments made by the Mayor of Los Angeles, adding the Mayor of Long Beach, increasing the number of members from each sector of the County, and adding members to be appointed by the Speaker of the Assembly and the Senate Committee on Rules.

SB 1379 (Mendoza) of 2016 would have maintained a 14-member MTA Board which would have included: two County Supervisors, the Mayor of Los Angeles, two Los Angeles City Council members appointed by the Mayor of Los Angeles, one public member, a resident of the City of Los Angeles appointed by the Mayor of Los Angeles, one public member, a resident of the City of Los Angeles appointed by Senate Pro Tempore, the Mayor of Long Beach, four mayors or city council members from each of the four sectors specified in existing law, one mayor or city council member appointed by the Assembly Speaker, and one non-voting gubernatorial appointment. SB 1379 was never heard by this Committee and subsequently amended to address another subject.

AB 1941 (Holden) of 2014 sought to make changes to MTA's governance structure, but was never heard by this Committee.

AB 251 (Knight) of 2009 would have reconfigured the composition of MTA’s Board by removing one of the public members appointed by the Mayor of Los Angeles and adding the appointment of one member by the city councils of the Cities of Palmdale, Lancaster, and Santa Clarita. AB 251 (Knight) failed passage in this Committee.

1. Policy Considerations. The Committee may wish to consider the following:
   1. Local Process. This bill requires MTA, the Los Angeles County Division of the League of California Cities, the California Contract Cities Association, and the Los Angeles County city selection committee to provide a plan to the Legislature by January 1, 2018, which revises the membership of MTA's governing board by increasing the membership from 14 to 22. This bill specifies that the plan must be agreed to by "a two-thirds vote of the designated representatives of each of these entities." The Committee may wish to consider what threshold is actually necessary to reach an agreement on the plan, by asking the following questions:

• Does this bill require each of the four entities to designate representatives of which will require a two-thirds vote of the total number of designated representatives? If so, this bill is silent on how many representatives each entity can designate.
• Does this bill require each of the four entities to agree to the plan by a two-thirds vote internally?
• Does this bill require three of the four entities to agree to the plan by voting internally?

The Committee may wish to ask the author to clarify the intent of this process.

Additionally, the Committee may wish to consider if it is appropriate for city associations to determine MTA's governance structure. The city selection committee includes all 88 cities in the county and already makes appointments to MTA's Board. The Committee may wish to consider if the League of California Cities, LA Division and California Contract Cities Association whose membership is already wholly represented on the city selection committee should play as large of a role as MTA in the process required by this bill.

• 1. History. Contentious regional fights over equity in representation and resources are not new to this Committee. There have been several bills seeking to change MTA's governance before this Committee, most of which have not been heard, and one of which has failed passage.

Supporters argue that MTA Board member seats do not fairly represent all areas and that the other 87 cities only have four seats on the Board. Opposition argues that members of the Board of Supervisors represent all areas of their districts, not just the unincorporated areas. Opposition to this bill calls for a consensus-based process. The local process contained in this bill places perimeters around the plan, requiring the Board to have a total of 22 members, including more representation for cities other than the City of Los Angeles. Absent local consensus, the Committee may wish to consider if the process contained in this bill provides a real opportunity at the local level with the relevant stakeholders to reach consensus, which may include keeping the status quo.

1. Arguments in Support. The Los Angeles County Division of the League of California Cities states, "Currently the 87 cities outside the City of Los Angeles represent over 51% of the County's total population yet represent just 31% of the METRO Board. Similarly, the City of Los Angeles holds 31% of the METRO Board seats for 38% of the County's residents. We believe that regional boards should have equitable and proportional voting representation for cities and SB 268 seeks to achieve that. Adjusting the METRO Board to reflect the population of cities in the County not only improves representation of all communities but allows METRO to be more responsive to regional transit priorities throughout the County."
2. Arguments in Opposition. Los Angeles County states, "SB 268 undermines local control and would subvert Metro's proven, sound and effective governance structure. A key example of the success of the Metro Board's current structure is the recent passage of Measure M, which passed with over 71 percent voter approval and was developed with stakeholders using Metro's extensive bottom-up process."

The State Building and Construction Trades Council argues, "The composition of the Metro Board is the result of a lengthy local process in which all local stakeholders were brought together to develop a consensus. Cities within Los Angeles County are represented through their local Councils of Governments and each has a voice in Metro's priority setting, planning, and decision making for the over 10 million constituents of the County of Los Angeles."

1. Double-Referral. This bill is double-referred to the Transportation Committee.

REGISTERED SUPPORT / OPPOSITION: (Includes support and opposition letters received by the Committee's deadline which may address a prior version of the bill)

Support

California Contract Cities Association

Cities of Carson, La Mirada, Pico Rivera, and Torrance

Councilmember John Mirisch, City of Beverly Hills

Gateway Cities Council of Governments

League of California Cities, Los Angeles County Division

Opposition

Cities of Azusa, Glendale, Glendora, and West Hollywood

Fixing Angelenos Stuck in Traffic (FAST)

HDR Engineering

Jobs to Move America

LA and Orange Counties Building Trades

Las Virgenes-Malibu Council of Governments

Los Angeles Area Chamber of Commerce

Los Angeles County Board of Supervisors
Los Angeles County Metropolitan Transportation Authority

Los Angeles / Orange Counties Building and Construction Trades Council

Lynn Capouya, Inc.

Mayor Eric Garcetti, City of Los Angeles

Michael Baker International

Mobility 21
Orange County Business Council

Parsons Corporation

Riverside County Transportation Commission

San Bernardino County Transportation Authority

San Fernando Valley Council of Governments

Sheet Metal Air Rail and Transportation Workers, General Committee of Adjustment 875

Southern California Pipe Trades District Council No. 16

Opposition (continued)

Southern California Regional Rail Authority (Metrolink)

State Building and Construction Trades Council of California

Valley Industry and Commerce Association (VICA)

WSP Parsons Brinckerhoff

Individual letters (2)

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958

 THIRD READING  

Bill No: SB 268

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 7-3, 5/9/17

AYES: Beall, Cannella, Atkins, McGuire, Mendoza, Skinner, Wiener

NOES: Allen, Gaines, Morrell

NO VOTE RECORDED: Bates, Roth, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SUBJECT:

SOURCE: Author

DIGEST:

This bill makes various changes to the governing board of the Los Angeles County Metropolitan Transportation Authority (METRO), as specified.

ANALYSIS:

Existing law:

1. Establishes the County Transportation Commissions Act, which provides for the creation of county transportation commissions in the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura, with various powers and duties relative to transportation planning and funding, as specified.
2. Establishes METRO, which is the successor agency to the Southern California Rapid Transit District and the Los Angeles County Transportation Commission.
3. Provides METRO with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles.
4. Requires METRO to submit a plan within 60 days to the Legislature relative to revising the composition of METRO’s governing board if the membership on the County Board of Supervisors is increased.
5. Specifies the METRO Board of Directors is comprised of 14 members consisting of:
6. Five members of the Los Angeles Board of Supervisors.
7. The Mayor of Los Angeles.
8. Two public members and one Los Angeles City Council Member, appointed by the Mayor of Los Angeles.
9. Four members selected by the Los Angeles County City Selection Committee.
10. One non-voting member appointed by the Governor.

This bill:

1. Deletes METRO’s requirement to draft a plan and submit it to the Legislature within 60 days relative to Board composition if the Los Angeles County Board of Supervisor’s membership increases.
2. Reduces the number of County Supervisors on the METRO Board from five to two Supervisors with one Supervisor representing the largest population of the unincorporated area within Los Angeles County.
3. Removes the appointment of two public members to the METRO Board.
4. Increases Los Angeles Councilmember appointments by the Los Angeles Mayor from two to five. Further specifies that each Councilmember must represent three contiguous groups of council districts. Additionally specifies the Los Angeles City Council is to determine the grouped council districts.
5. Increases from four to seven the number of Board appointments by the Los Angeles City Selection Committee, as specified.
6. Requires all appointed members to the METRO board to serve four-year terms, as specified.

Comments

1. Author’s statement. According to the author, “SB 268 will provide proportional representation, improved access, and accountability within the Los Angeles County Metropolitan Authority Transportation Board of Directors (MTA Board) and ensure that all areas of LA County are represented fairly during the allocation of local, state, and federal funds.

The Los Angeles County Metropolitan Transportation Authority serves more than 9.6 million people. Nearly one-third of California’s residents live and work within its 1,433 square-mile service area. The Metropolitan Authority Transportation develops and oversees transportation plans, policies, and funding programs.  The agency proposes both short-term and long-range solutions that address the County’s increasing mobility, accessibility, and environmental needs.  Unfortunately, under the current distribution of MTA Board members, the 87 cities outside of the City of Los Angeles, which represent 51% of the county’s total population, only account for 31% of the MTA Board. The current distribution of the MTA Board is unrepresentative of LA County and has resulted in uneven allocation of resources and services.  SB 268 will realign and expand the MTA Board to provide better representation for the entire County of Los Angeles, including the unincorporated areas.”

1. Other local transportation boards. The governing boards of local transportation agencies vary across the state. For example, the Orange County Transportation Authority is comprised of 18 board members that include members from the County Board of Supervisors; members selected by the city selection committee, with several board members selected based on population and several others based on city representation; two public members appointed by the board; and the State Department of Transportation (Caltrans) district director (nonvoting member). Whereas the Bay Area Metropolitan Transportation Commission is comprised of 21 commissioners that include members from various Bay Area counties and cities, Mayor’s appointees from the cities of Oakland, San Francisco, and San Jose, a member representing the Council of Governments, and the Caltrans district director for the region (non-voting member). Thus, the board composition of these respective agencies is reflective of the regional needs and functions they carry out and is typical of other local transportation agencies throughout the state.
2. State’s existing role. Governing boards for local county transportation commissions (CTC) and regional transportation planning agencies (RTPA) are identified in statute and primarily consist of locally elected officials and public members who are either appointed by an elected official, selected by a county/city selection committee, or who have a designated seat specified in statue (e.g., Mayor of Los Angeles). While the Governor does have a designated appointment on most CTCs and RTPAs throughout the state, those appointments are non-voting (ex officio) board members and are typically the Caltrans district director for that specific region/county.
3. Second time around. SB 1472 was introduced last session by the author which similarly attempted to change METRO’s governing board structure. At that time, METRO was pursuing an increase of an existing sales tax measure to fund a contentious transit expansion program. The point of contention surrounded the program’s geographic balance of projects when some regions within the county argued their projects were not adequately prioritized in the transit program. In response, the author introduced SB 1472 to expand METRO’s governing board to ensure geographic representation. SB 1472 remained in the Senate and did not move through the legislative process. Over the past year, the author has engaged with local stakeholders and introduced SB 268 aimed at ensuring the entire county is reasonably represented on METRO’s governing board.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown reimbursable mandate costs, potentially in excess of $50,000 (General Fund), to the extent the City of Los Angeles submits a successful reimbursement claim with the Commission on State Mandates related to four new members of the City Council serving on the METRO board. Costs associated with duties and responsibilities of serving on the METRO board, and participating in the work of its Committees, are unknown.
• Unknown local costs for MTA to add two new members to the governing board, some of which may be reimbursable by the state General Fund. Potentially reimbursable costs are likely to be minor.

SUPPORT: (Verified 5/30/17)

City of Torrance

OPPOSITION: (Verified 5/30/17)

City of Glendora

Councilmember Mike Bonin, City of Los Angeles

County of Los Angeles

Los Angeles Area Chamber of Commerce

Los Angeles County Metropolitan Transportation Authority

Los Angeles/Orange Counties Building and Construction Trades Council

Mayor Eric Garcetti, City of Los Angeles

San Bernardino County Transportation Authority

State Building and Construction Trades Council

WSP Parsons Brinckerhoff

Prepared by:

5/30/17 17:39:01

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 268 (Mendoza) - Los Angeles County Metropolitan Transportation Authority

Bill Summary:

SB 268 would revise the composition of the Los Angeles Metropolitan Transportation Authority (MTA) governing board by reducing the membership from the Board of Supervisors, removing the appointment of public members, increasing the membership from the Los Angeles City Council, and adding a new non-voting member, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2017

Fiscal Impact:

• Unknown reimbursable mandate costs, potentially in excess of $50,000 (General Fund), to the extent the City of Los Angeles submits a successful reimbursement claim with the Commission on State Mandates related to four new members of the City Council serving on the MTA board. Costs associated with duties and responsibilities of serving on the MTA board, and participating in the work of its Committees, are unknown.
• Unknown local costs for MTA to add two new members to the governing board, some of which may be reimbursable by the state General Fund. Potentially reimbursable costs are likely to be minor.

Author Amendments:

• Add three members to the MTA board, selected by the Los Angeles County City Selection Committee, each of whom would be the Mayor or member of a city council from cities in each of four specified regions, excluding Los Angeles.
• Remove the county auditor as a nonvoting member from the proposed MTA board.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 268 (Mendoza) - Los Angeles County Metropolitan Transportation Authority

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 268 would revise the composition of the Los Angeles Metropolitan Transportation Authority (MTA) governing board by reducing the membership from the Board of Supervisors, removing the appointment of public members, increasing the membership from the Los Angeles City Council, and adding a new non-voting member, as specified.

Fiscal Impact:

Unknown reimbursable mandate costs, potentially in excess of $50,000 (General Fund), to the extent the City and/or County of Los Angeles submits a successful reimbursement claim with the Commission on State Mandates (Commission). ---see staff comments---

Background:

Existing law provides for the creation of county transportation commissions in the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura, and vests the commissions with various powers and duties relative to transportation planning and funding. The MTA was established in 1992 as the successor agency to the Southern California Rapid Transit District and the Los Angeles County Transportation Commission to consolidate transportation services and functions in the county, including transportation planning, bus and rail transit services, capital construction, and administering local transportation sales tax measures.

The MTA governing board consists of the following 14 members, each of whom serves four-year terms, except as specified:

• Five members of the Los Angeles County Board of Supervisors.
• The Mayor of the City of Los Angeles.
• Two public members appointed by the Mayor of Los Angeles.
• One Los Angeles City Council member appointed by the Mayor.
• Four members selected by the Los Angeles County City Selection Committee, as specified.
• One non-voting member appointed by the Governor.

The four City Selection Committee members are mayors or city council members selected from each of the following four regions of the county, excluding the City of Los Angeles: (1) North County/San Fernando Valley; (2) Southwest Corridor; (3) San Gabriel Valley; and (4) Southeast Long Beach. Every city in each of the four regions is entitled to vote to nominate one or more candidates from that region for consideration by the City Selection Committee. A city’s vote is weighted in proportion to its population relative to the populations of all cities in the region.

The membership of county transportation agencies’ governing boards in the state varies: Los Angeles County (14 members), Orange County (18 members), Riverside County (36 members), San Bernardino County (31 members), San Diego (23 members), and Ventura County (18 members). The composition of those boards varies as well; all have some representation by the board of supervisors and non-voting Governor appointees, while city representation varies, with some having representation by each city in the county.

Proposed Law:

SB 268 would revise the composition of the MTA governing board. Specifically, this bill would:

• Delete a provision requiring the MTA to submit a plan for revising the board’s composition if there is an increase in the size of the Los Angeles County Board of Supervisors.
• Reduce the number of members from the Board of Supervisors from five to two, and require one supervisor to represent the largest population in the unincorporated area of the county.
• Remove the appointment of two public members by the Mayor of Los Angeles.
• Increase the number of members from the Los Angeles City Council appointed by the Mayor from one to five, and specify that each city member represent contiguous clusters of three council districts, as determined by the city council.
• Add the Los Angeles County Auditor-Controller as a non-voting member.
• Require every member to serve a four-year term without limitation, or until the expiration of the term of each member’s elected office.
• Delete a provision that requires the vacating of one of the public members and appointment of an additional city member, as specified, if the population of the City of Los Angeles becomes less than 35 percent of the combined populations of all of the other cities in the county.

Related Legislation:

SB 1472 (Mendoza), which was approved by this Committee but referred to the Inactive File on the Senate Floor by the author last year, would have increased the size of the MTA board from 14 to 22 members, as specified.

Staff Comments:

This bill would add the Los Angeles County Auditor-Controller and four new members from the Los Angeles City Council to the MTA governing board, while removing two public members and reducing the number of county supervisors serving on the board. In addition to regular meetings by the entire MTA governing board, each of MTA’s seven current Committees meet monthly as well. By expanding the number of Los Angeles City Council members on the MTA board and adding the county auditor as a non-voting member, this bill imposes a state-mandated local program, which could be subject to state reimbursement.

Costs associated with duties and responsibilities of serving on the MTA board, and participating in the work of its Committees, are unknown. To the extent the City of Los Angeles submits a test claim, and the Commission on State Mandates determines that the bill imposes a higher level of service on the City by requiring four new members of the City Council to serve on the MTA board, the state would be responsible for reimbursement of any direct or indirect costs associated with activities deemed necessary to carry out the mandate. It is unlikely that the County of Los Angeles would be eligible for reimbursement of any costs associated with adding the county auditor to the MTA board as a non-voting member because they would be offset by reductions in county costs as a result of having three fewer members of the Board of Supervisors serving on the board.

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 5/9/17

SUBJECT: .

DIGEST: This bill makes various changes to the governing board of the Los Angeles Metropolitan Transportation Authority (METRO), as specified.

ANALYSIS:

METRO is a multimodal transportation agency providing a variety of transportation-related services and functions for Los Angeles County. These services/functions include transportation planning, transit services (both bus and light rail), capital construction projects, and administering several local sales tax measures.

Existing law:

1. Establishes the County Transportation Commissions Act, which provides for the creation of county transportation commissions in the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura, with various powers and duties relative to transportation planning and funding, as specified.
2. Establishes METRO, which is the successor agency to the Southern California Rapid Transit District and the Los Angeles County Transportation Commission.
3. Provides METRO with specified powers and duties relative to transportation planning, programming, and operations in the County of Los Angeles.
4. Requires METRO to submit a plan within 60 days to the Legislature relative to revising the composition of METRO’s governing board if the membership on the County Board of Supervisors is increased.
5. Specifies the METRO Board of Directors is comprised of 14 members consisting of:
6. Five members of the Los Angeles Board of Supervisors
7. The Mayor of Los Angeles
8. Two public members and one Los Angeles City Council Member, appointed by the Mayor of Los Angeles
9. Four members selected by the Los Angeles County City Selection Committee
10. One non-voting member appointed by the Governor

This bill:

1. Deletes METRO’s requirement to draft a plan and submit it to the Legislature within 60 days relative to Board composition if the Los Angeles County Board of Supervisor’s membership increases.
2. Adds the Los Angeles County Auditor-Controller as a non-voting member to the METRO Board.
3. Reduces the number of County Supervisors on the METRO Board from five to two Supervisors with one Supervisor representing the largest population of the unincorporated area within Los Angeles County.
4. Removes the appointment of two public members to the METRO Board.
5. Increases Los Angeles Councilmember appointments by the Los Angeles Mayor from one to five. Further specifies that each Councilmember must represent three contiguous groups of council districts. Additionally specifies the Los Angeles City Council is to determine the grouped council districts.
6. Requires all appointed members to the METRO board to serve four-year terms, as specified.

COMMENTS:

1. Author’s statement. According to the author, “SB 268 will provide proportional representation, improved access, and accountability within the Los Angeles County Metropolitan Authority Transportation Board of Directors (MTA Board) and ensure that all areas of LA County are represented fairly during the allocation of local, state, and federal funds.

The Los Angeles County Metropolitan Transportation Authority serves more than 9.6 million people. Nearly one-third of California’s residents live and work within its 1,433 square-mile service area. The Metropolitan Authority Transportation develops and oversees transportation plans, policies, and funding programs.  The agency proposes both short-term and long-range solutions that address the County’s increasing mobility, accessibility, and environmental needs.  Unfortunately, under the current distribution of MTA Board members, the 87 cities outside of the City of Los Angeles, which represent 51% of the county’s total population, only account for 31% of the MTA Board.  The current distribution of the MTA Board is unrepresentative of LA County and has resulted in uneven allocation of resources and services.  SB 268 will realign and expand the MTA Board to provide better representation for the entire County of Los Angeles, including the unincorporated areas.”

1. Other local transportation boards. The governing boards of local transportation agencies vary across the state. For example, the Orange County Transportation Authority is comprised of 18 board members that include members from the County Board of Supervisors; members selected by the city selection committee, with several board members selected based on population and several others based on city representation; two public members appointed by the board; and the State Department of Transportation (Caltrans) district director (nonvoting member).Whereas the Bay Area Metropolitan Transportation Commission (MTC) is comprised of 21 commissioners that include members from various Bay Area counties and cities, Mayor’s appointees from the cities of Oakland, San Francisco, and San Jose, a member representing the Council of Governments, and the Caltrans district director for the region (non-voting member). Thus, the board composition of these respective agencies is reflective of the regional needs and functions they carry out and is typical of other local transportation agencies throughout the state.
2. State’s existing role. Governing boards for local county transportation commissions (CTC) and regional transportation planning agencies (RTPA) are identified in statute and primarily consist of locally elected officials and public members who are either appointed by an elected official, selected by a county/city selection committee, or who have a designated seat specified in statue (e.g., Mayor of Los Angeles). While the Governor does have a designated appointment on most CTCs and RTPAs throughout the state, those appointments are non-voting (ex officio) board members and are typically the State Department of Transportation’s (Caltrans) district director for that specific region/county.
3. Second time around. SB 1472 was introduced last year by the author which similarly attempted to change METRO’s governing board structure. At that time, METRO was pursuing an increase of an existing sales tax measure to fund a contentious transit expansion program. The point of contention surrounded the program’s geographic balance of projects when some regions within the county argued their projects were not adequately prioritized in the transit program. In response, the author introduced SB 1472 to expand METRO’s governing board to ensure geographic representation. SB 1472 remained in the Senate and did not move through the legislative process. Over the past year, the author has engaged with local stakeholders and introduced SB 268 aimed at ensuring the entire county is reasonably represented on METRO’s governing board.

Related Legislation:

SB 1472 (Mendoza, 2016) — would have expanded METRO’s governing board of from 14 to 22 members with new members including one additional public member, the Mayor of Long Beach, four additional members selected by the city selection committee, and one member each by the Speaker of the California State Assembly and the Senate Rules Committee. This bill was held on the Senate Floor at the request of the author.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

May 3, 2017.)

SUPPORT:

None received.

OPPOSITION:

None received.

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