HomeMy WebLinkAboutAGENDA REPORT 2001 0117 CC REG ITEM 10IITEM 10. I .
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ACTION: DIRiF-cTe-�D TC,SENb
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk
DATE: January 11, 2001 (CC Meeting of 1/17/2001)
SUBJECT: Consider Response to Ventura County Transportation
Commission (VCTC) Regarding Including Additional City
Alternates
BACKGROUND
Attached is a letter from VCTC Executive Ginger Gherardi and a
staff report to VCTC for the January 5, 2001 meeting pertaining to
including additional city alternates on the Commission. The letter
dated January 5, 2001, requests a written response: "The Commission
is interested in knowing how your city feels about this potential
change and we would appreciate hearing from you, either in writing
or at the February 2, 2001 meeting."
STAFF RECOMMENDATION
Direct staff as deemed appropriate.
Attachment 1: Letter from Ginger Gherardi dated 1 -5 -2001
Attachment 2: VCTC Staff Report dated 12 -22 -2000
Jan 08 01 10:25a VCTC
MAW
605 642 4860 P.
ATTACHMENT I VENTURA COUNTY
TRANSPORTATION COMMISSION
950 County Square Drive, Suite 207
Ventura, CA 93003
(805) 642 -1591
FAY '809) 642 -486.0
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January 5, 2001
MEMO TO: ALL MAYORS, COUNCILMEMBERS AND CITY MANAGERS
FROM: GINGER GHERARDI, VCTC EXECUTIVE DIRECTOR
SUBJECT: CITIES ALTERNATES TO VCTC
At the January 5, 2001 VCTC meeting, the Commission acted to solicit input from all cities on
the question of expanding number of city alternates so that all ten cities could be represented on
VCTC. The Commission has also asked that this matter be scheduled for discussion and
possible action at the February 2, 2001 VCTC meeting.
The question as to whether all cities could be made alternates to the VCTC first arose at the
December 19, 2000 Cities Selection Committee, when it was raised by Thousand Oaks Mayor,
Don Del Campo. After researching the bill that created VCTC (SB 1880, Chapter 1136
attached) I found that while the language is very explicit with respect to the composition of the
"members " of the Commission — Two from the Board of Supervisors; Three Mayors or
Councilmembers; and Two citizens, one appointed by the Board and one appointed by the
Cities Selection Committee, the language regarding alternates is less specific. It says under
Section 130054.1 (b) "The appointing authority specified in paragraphs (1),(2),(3) and (4) of
subdivision (a) may appoint alternate members to the commission to represent, on a temporary
basis, regular members they have appointed." No number of alternates is specified in the
legislation. Given this lack of specificity, all cities could be appointed as alternates, if the VCTC
Administrative Code is amended.
The VCTC Administrative Code (bylaws) specifically call for the appointment of 3 city alternates,
2 supervisor alternates (although for the last two years only one alternate has been appointed)
and two citizen alternates, one by the cities, one by the County. This language is not statutory
and could be changed by the VCTC at any time, upon an affirmative vote of the Commission to
do so. The addition of 4 new alternates (6 cities currently serve — 3 regular
members and 3 alternates) would not change the VCTC votino structure of the Commission or
the Quorum requirements, but could provide a mechanism to assure that each city has a seat at
the table and is "represented ".
The Commission directed that such an Administrative Code revision be drafted for consideration
at the February meeting, along with the expansion to 3 alternates (from the current 2) for the
County Board of Supervisors, with the concurrence of County Counsel. In addition, at the
suggestion of VCTC Commissioner Robert Turner, Port Hueneme, the Commission asked that
the Administrative Code revision also include a provision that as the Commissioner's terms
expire alternates would move up automatically, with cities maintaining their position in the
rotation, in the event an alternate was not re- elected or chose not to run again. Commissioner
Turner also suggested that in an effort to speed up the rotation, regular Commissioners could
"voluntarily" step down after two years, (any formal change in the term would require state
legislation) allowing alternates to move up sooner.
G /IGC1!2_ /_) 1 6 161 C c',C041
Jan 08 01 10:25a VCTC 805 642 4860 p.2
VCTC Alternates
January 5, 2001
Page Two
In the past there was an effort to change the structure of VCTC to include all cities as voting
members. Also VCOG discussions are expected to begin soon on the long -term viability and
structure of VCOG. One of the items they are considering is the possibility of asking VCTC to
administer VCOG. Another issue that they are considering is the possible combination of the
two agencies and acquiring MPO status, separate from SCAG. Most of these efforts, if
approved, would require legislative change and take a year or more to go into effect. The
expansion of VCTC to include additional city alternates on the Commission may be a simple
way to provide "inclusion" while these other discussions continue in an effort to achieve a
countywide consensus.
The Commission is interested in knowing how your city feels about this potential change and we
would appreciate hearing from you, either in writing or at the February 2, 2001 meeting. Any
information we receive prior to January 24, 2001 will be included in the February VCTC Agenda.
In addition, starting in February, the entire VCTC agenda, including all attachments will be
contained on the VCTC webslte www.goventura.org. Thank you for your assistance.
c0()G42
Jan 08 O1 10:25a VCTC
805 642 4860
Senate Bill No. 1880
CHAnER 1138
P -3
An act to amend-Section 994.'33.2-of, and to and Sections 1300b0.i,
130454.1, and 130109.1 to, the Public Utilities Code, relating to trans-
portatiom
(Approved by Governor September 21, 1988. Filed wiLh
Secreruy of State September ltd. 1888.1
LECULAT VS COU`SELS DIGS T
SB 1880, Davin. 'T`ruuportati= Venters County T ra^.sporta"cn
Commission.
(1) Existtag Iaw establishes a county tmnsporUdoa com.: -Mon in
various counties.
Thu bill would create the Ventura County 'I`mnsportation
Comrniuion, pretcribe its membership ml powem tpecify the
amount of annual revenues to be allocated to the co au Iluion, and
provide for the transfor of assets and liabilities from the Ventura
County Assodatian of Coveraraeuts, thereby imposing a
statb- mandated local program. The Ventura County Board of
Supervisors would be autborized to de-signate the commission to
have the authority of specdSed local tra spor d n authorities.
(Q) Tile Califarnfa Constitution requires the mte to raimbune
Iocal aCles and school dlstticia for certain coats ==&ted by tha
state. tatutvey provis'ons establish procedures for malting that
reimbursement.
This bill would provide that no reimbursement k required by this
a.-t far a apeeifled reason.
71* people of the State of Calfforrlta do enact as followv
SECTION 1. Section 99$331 of the Public Utilities- Code is
amended to read:
44433.2 (a) Except as provided to subdividons (b) and (c),
there than be allocated to the transportation planning agency, if it
is statutorily created, such sums as it may approve, up to 3 percent
of annual revenues, for the conduct of the transportation, planning
sad pprroogramming process, unless a greater amount is approved by
the director.
(b) In those areas that have a county transportation. commission
created pursuant to Section 130450, tip to 1 percent of annual
revenues sba11 be allocated to the coasmiasioa L-1 Loa Angeles County,
up to S percent of the annual revenues shall be Allocated to the
commissions In Riverside and San Bernardino Counties, and up to 3
percent of annual revenues hall be allocated to the commission in
Ora age County for the transportation pla.a.•-ing acid programm.ina
sa o0
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Jan 08 01 10:26a VCTC
805 642 4860
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Ch. 1136 . Z
process. In addition, up to threa• fourths of 1 percent of annual
revenues, but not more than one trillion dollars ($1,p00,000) per
year, &hall be allocated to the muldcounty designated transportation
Planning agency, as defined in -Section 130004, for-the transportation
planning and progrurnming pprocess. No operator shall grant any
funds it receives under this chaptei to the detigaated multieounty
transportation planning agency for the purposes cif. the agency
carrying out its respoasibi4ties under Division 12 (commencing with
Section 130000).
(e) In Ventura County, 1 percent of the annual revenues shall be
allocated to the Ventura County Trarsportaton Comr- sisston for the
tmnsportation planning and programrniag proC -st.
SEC. 2 Section 130050.1 is added to the Public Utilities Code, to
read.
1300b0.1. There is hereby created the Ventura County
Thnspcttation Cornmission. The commission &ball be the successor
agency to the Ventura County Association of Governments and shall
assume all assets and liabaities of that association.
Notwitiutsnding Section 180054, the Board of Supervisors of
Ventura County may designate the eeanmission U the authority to
carry out the provisions of Division 19 ( commenciag with Section
180000).
SEC 3. Section 130454.1 is added to the Public Utilities Code, to
read.
130086.1. (a) The Venture Country Transportation Commisrion
shall consist of seven voting members and one nonvoting member,
appointed as follows:
(1) Two members of the Ventura County Board of Supervisors
appointed by that board.
(P) Three members appointed by the Ventura County City
Selection Comn4ttce, who shall be mayors or city council members
serving within Ventura County.
(3) One citizen member appointed by the Ventura County Board
of Supervisors, who shall not be as elected official, but who shall be
a resident of Ventura County.
(4) One citizen member appointed by the Ventura Counry City
Seiect.oa CornmAtee, who shall not be an elected official, but who
shall be a resident of Ventura County.
(5) Oaa nonvoting member appointed by the Governor.
(b) The appointing authority specified in paragraphs (1), (Q); (3),
and (4) of subdivision (a) may appoint alternate members to the
corrm(iton to represent; on a temporary basis, regular members
they have appointed.
(c) The following applies to alternate members:
(1) With respect to alternate members appointed for the
members specified in paragraph (1) of subdivision (a), the alternate
tmembe:. wall be other members of the board of supervisors.
(2) With respect to a3ternate members appointed for the
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Jan 08 01 10:26a VCTC
805 642 4860 P,5
—3— Ch. 1136
rrembers rpecLried in paragraph (2) of subdivision (a), the alternate
members shall be other mayors or city council members serving
within Ventura County.
(3) With respect to an alternate member -appointed for the
member "rifled in paragraph (3) of, and the member spedified in
paragraph (4) of, subdivision (a), the alternate member shall not be
an elected official but shall be a resident of Ventura County.
(d) (1) Except as provided in paragraph (2), the member of the
ccmnmiasion shall serve terms of four years and until their successors
axe appointed and qualified.
(2) For the irstiil members of the cornmtssion, ore member
appointed under paragraph, (1), (2), and (4) of subdivision (a) shall
be appointed for a two -year term. Thereafter, persons appointed as
those members shall be appointed to a four-year term. All other
members shall be appointed For a four-year terns.
�3) The terra of any mrmber serving on the commission as a result
of olding another public office shall terminate when the member
ceases holding the other public office and a new member has been
properly seated.
(4) Vacancie-s occurring shall be filled by the appointing authority
for the unexpired term.
SEG 4. Sectioa 130109.1 is added to the Public Utilities Code, to
reYd;
130109.1. Up= creation of the Ventura County Transportation
C:om=jssicn, and on the eg'ective date of a contract with the Board
of Adafaistration of the Public Employees' Retirement System.
existing balances in the Ventura County Association of Governments
Account in the. Public Employees' Retirement Fund shall be
t-an4erred to the commission's account in that fund.
SEC- S. No reimbursement is required by this act ppursuaat to
Section 6 of Article XAI B of the California Constitution becalus this
act is in accordance with the request of a local agency or school
district which desired legislative authority to carry out the program
specified in this act.
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MEM
ATTACHM 2- VENTURA COUNTY
TRAN SPORTATtOM CoMrAlssIoN
IVEC 950 ; County Square Drive, Suite 207
RE CE Ventura, CA 93003
Item 9.1 (805) 642 -1591
DEC 2 "7 200 ACTION FAX (805) 642 -4860
http://www.goventura.org
CITY CLEriK'S DEPARTMEN-,
December 22, 2000 CITY OF MOORPARK
MEMO TO: VENTURA COUNTY TRANSPORTATION COMMISSION
1/5/2001 MEETING
FROM: GINGER GHERARDI, EXECUTIVE DIRECTOR
SUBJECT: CITIES ALTERNATES TO VCTC
RECOMMENDATIONS:
• Solicit input from all cities on the issue of expanding number of city alternates;
• If the majority of cities concur revise the VCTC Administrative Code at the February
meeting.
BACKGROUND:
On Tuesday, December 19, 2000, the Cities Selection Committee met in Camarillo and voted to
make Councilmembers Tom Holden, Oxnard and John Wozniak, Moorpark as standing VCTC
Commissioners. The Selection Committee also appointed Councilman Carl Morehouse, San
Buenaventura as Alternate 3 and moved Don Gunderson, Fillmore to Alternate 1 and Dennis
Gillette, Thousand Oaks to Alternate 2. These appointments will take effect at the February
VCTC meeting.
At the Cities Selection Committee, Mayor Don Del Campo, Thousand Oaks, asked if all the
cities not included on the VCTC Board could be appointed as alternates to the VCTC. My
response was that I thought, without checking, that the legislation creating VCTC precluded that
from happening. Upon my return to the office, I got out a copy of the bill (SB 1880, Chapter
1136) and found that while the language (attached) is very explicit with respect to the
composition of the "members " of the Commission — Two from the Board of Supervisors; Three
Mayors or Councilmembers; and Two citizens, one appointed by the Board and one appointed
by the Cities Selection Committee, the language regarding alternates is less specific. It says
under Section 130054.1 (b) "The appointing authority specified in paragraphs (1),(2),(3) and (4)
of subdivision (a) may appoint alternate members to the commission to represent, on a
temporary basis, regular members they have appointed." No number of alternates is specified
in the legislation. Given this lack of specificity, all cities could be appointed as alternates, if the
VCTC Administrative Code is amended.
The VCTC Administrative Code and By -Laws specifically call for the appointment of 3 city
alternates, 2 supervisor alternates (although for the last two years only one alternate has been
appointed) and two citizen alternates, one by the cities, one by the County. This language is not
statutory and could be changed by the VCTC at any time, upon an affirmative vote of the
Commission to do so. The addition of 4 new alternates (6 cities currently serve — 3 regular
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VCTC Alternates
December 22, 2000
Page Two
members and 3 alternates) would not change the VCTC voting structure of the Commission or
the quorum requirements, but could provide a mechanism to assure that each city has a seat at
the table and is "represented ".
In the past there was an effort to change the structure of VCTC to include all cities as voting
members. Also VCOG discussions are expected to begin soon on the long -term viability and
structure of VCOG. One of the items they are considering is the possibility of asking VCTC to
administer VCOG. Another issue that they are considering is the possible combination of the
two agencies and acquiring MPO status, separate from SCAG. Most of these efforts, if
approved, would require legislative change and take a year or more to go into effect. The
expansion of VCTC to include additional city alternates on the Commission is a simple way to
provide "inclusion" while these other discussions continue in an effort to achieve a countywide
consensus.
In order to allow every city to be an alternate only one section of the VCTC Administrative Code
would need to be changed. Specifically, we would need to amend Article II Membership of
VCTC, Section B (5) as follows:
5. With respect to the thfee (3) seven (7) alternate members to VCTC appointed by the
City Selection Committee, they shall be designated as Alternates 1, 2, and -3 3,4,5,6
and 7 by the City Selection Committee. Alternate 1 will be the voting member when one
(1) city elected official standing member is unable to attend a VCTC meeting; Alternate 2
will also be a voting members when two (2) city elected standing official members are
unable to attend a commission meeting; and Alternate 3 will also be a voting member
when three (3) city elected official standing committee members are unable to attend a
VCTC meeting. If Alternate 1 does not attend a meeting, Alternate 2 shall vote as
outlined for Alternate 1 above. If Alternates 1 & 2 do not attend a meeting, Alternate 3
shall vote as outlined for Alternate 1 above. If Alternates 1,2 and 3 do not attend a
meeting, Alternate 4 shall vote as outlined for Alternate 1 above. If Alternates 1, 2,
3,and 4 do not attend a meeting, Alternate 5 shall vote as outlined for Alternate 1
above. If Alternates 1,2 ,3, 4, and 5 do not attend a meeting, Alternate 6 shall vote
as outlined for Alternate 1 above. If Alternates 1, 2,3,4,5, and 6 do not attend a
meeting, Alternate 7 shall vote as outlined for Alternate 1 above. The intent of the
procedure for city alternates is to ensure that there will be broad representation of the
cities on VCTC, and that Alternates will develop a working knowledge of VCTC
responsibilities and activities.
In addition to these changes, Supervisor Susan Lacey's retirement means that the Board of
Supervisors will appoint at least one new member, and possibly two alternate members. Both
terms of the regular (Nancy Grasmehr) and alternate (Joe Kern) citizen members appointed by
the County are also expiring, so the Board will need to reappoint or appoint replacements.
Hopefully, these appointments will be made so that the new members may be seated at our
February 2, 2001 VCTC meeting. Once all the new appointments to the Commission have been
made, staff will schedule an "Orientation" meeting for sometime prior to the February meeting.
ZAT, Y;Kercx Ie•:::: :cr mci _.
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Senate Bill Igo. 1880
CHAPTER 1138
An act to amend Section 99233.2 -d. and to add Sections 130050.1,
13M.1, and 130109.1 to, the Public Utilities Code, relating to trans.
portation.
(Approved by Govern September 11, 198& filed with
Secretary of State September 2& 1988.)
LFCLUATIVE COMSEL S DIGEST
SB 1880, Davis. Transportation: Ventura County Transportation
Coannnission.
(1) Existing law establishes a county transportation commission in
various counties.
This bill would create the Ventura County Transportation
Comm; don, prescribe its membership and powers. specify the
amount of annual revenues to be allocated to the commisdon, and
• provide for the transfer of assets and liabilities from the Ventura
County Association of Covernments, thereby Lmn&dncr a
state- maadated local program. The Ventura County Heard of
Supervisors would be *authorized to designate the commission to
have the authority of specified local transportation authorities.
(8) The California Constitution requires the state to reimbune
Iocal es and school districts for certain costs maadated by the
state, tatutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason..
The peaplo of tha State of Californfa do enact as follows:
SECTION 1. Section 99W3.2 of the Public Utilities- Code is
amended to rand:
99ML (a) Except as provided in subdivisions (b) and (c),
there &hall be allocated to the transportation planning agency, if it
is statutorily created, such sums as it may approve, up to 3 perctmt
of annual revenues, for the conduct of the transportation planning
and programming process, ualesa a greater amount is approved by
the director.
(b) In these areas that have a county transportation commission
created pursuant to Section 130050, up to 1 percent of annual
revenues shall be allocated to the commission in Loa Angeles County,
up to 8 percent of the annual revenues shall be allocated to the
comnafssions in Riverside and San Bernardino Counties, and up to 3
percent of annual revenues shall be allocated to the corrmUsfon in.
Orange County for the transportation planning and programming
" 00
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Ch. 1138 —2—
process. In addition, up to three-fourths of 1 percent of annual
revenues, but not more than one million doUars (11,000,000) per
year, shall be allocated to the muldcounty designated transportation
planning agency, as defined iniection 13M, forth transportation
planning and programing
m process. No operator shall grant any
funds it receives under this chapter to the designated multicounty
transportation planning agency for the purposes of. the agency
carrying out its responsibilities under Division 12 (commencing with
Section 130000).
(c) In Ventura County, l percent of the annual revenues shall be
allocated to the Ventura County Transportation Commission for the
transportation planning and programming process.
SEC. 2. Section 130050.1 is added to the Public Utilities Code, to
read:
130050.1. There is hereby created the Ventura County
Transportation Commission. The commission shall be the successor
agency to the Veatura County Association of Governments and shall
assume all assets and liabilities of that association.
Notwithstanding Section 1800.50, the Board of Supervisors of
Ventura County may designate the camn:d %ion as the authority to
carry out the provisions of Division 19 ( commencing with Section
SEC. 3. Section 130054.1 is added to the Public Utilities Code, to
read: -
130064.1. (a) The Vent -_ -a County Transportation Commission
shall coruist of seven voting members and one =voting member,
appointed as follows..
(1) 71vo members of the Ventura County Board of Supervisor
appointed by that board.
(2) Three members appointed by the Ventura County City
Selection Committee. who shall be mayors or city council members
serv{nt within Ventura County.
(3) One citizen member appointed by the Ventura County Board
of Supervisor, who shall not be an elected official, but who shall be
a resident of Ventura County.
(1) One citizen member appointed by the Ventura County City
Selection Cornmit+.ee, who shall not be an elected offlcial, but who
shall be a resident of Ventura County.
(5) One nonvoting member appointed by the Governor.
(b) The apppoointing authority specified in paragraphs (1), (St); (3),
and (4) cf subdivision (a) may appoint alternate members to the
commisrion to represent, on a temporary basis, regular members
they have appointed.
(c) The following applies to alternate members:
(1) With respect- to alternate members appointed for the
members specified in paragraph (1) of subdivision (a), the alternate
members shall be other members of the board of supervisors.
(2) With respect to alternate members appointed for the
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—3— Ch. 1136
members specified in paragraph (2) of subdivision (a), the alternate
members shall be other-mayors or city council members serving
within Ventura County.
(3) With respect to an alternate -member- gppofnted for the
member specified in paragraph (3) of, and the member specified in
paragraph (4) of, subdivision (a), the alternate member shall not be
an elected official but shall be a resident of Ventura County.
(d) (1) Except as provided in paragraph (2), the members of the
commission shall serve terms of four years and until their successors
are appointed and qualified
(2) For the initial members of the commission, one member
appointed under paragraphs (1), (2), and (4) of subdivision (a) shall
be appointed for a two-year term. Thereafter, persons appointed as
those members shall be appointed to a four-year term. All other
members shall be appointed for a four-year terra.
(3) The terra of any member serving on the commission as a result
of holding another public office shall terminate when the member
ceases holding the other public office and a new member has been
properly seated
(4) Va=cies occurring shall be filled by the appointing authority
for the unexpired term.
SEC. 4. Section 130109.1 is added to the Public Utilities Code, to
read
130109.1. Upon creation of the Ventura County Transportation
Commisden, and on the effective date of-a contract with the Board
of Adafaistration of the Public Employees' Retirement System,
existing balances in the Ventura County Association of Covernmenu
Account in the Public Employees' Retirement Fund shall be
h aderred to the commission's account in that fund.
SEC. S. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because this
act U in accordance with the request of a local agency or school
district which desired legislative authority to carry out the program
specified in this act.
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VENTURA COUNTY
TRANSPORTATION COMMISSION
950 County Square Drive. Suite 207
Ventura. CA 93003
Councilman John Wozniak
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
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Councilman John Wozniak
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
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