AB 805 – Changes Coming at MTS

Weighted Votes - 2018: Jurisdictions City of San Diego - #1 (12.5); City of San Diego - #2 (12.5); City of San Diego - #3 (12.5); City of San Diego - Mayor (12.5); County of San Diego (14); City of Chula Vista - Mayor (7); City of Chula Vista (7); City of Coronado (1); City of El Cajon (5); City of Imperial Beach (2); City of La Mesa (3); City of Lemon Grove (2); City of National City (3); City of Poway (3); City of Santee (3); Total: 100

Changes to the MTS Board, its voting process, and our agency’s ability propose a sales tax measure to voters are all a part of AB 805, which was signed into law by Governor Brown in October. The law goes into effect on January 1, 2018.

It means several changes to our governance. Here’s a breakdown:

1. MTS Board member adjustments:
   • The biggest change to board membership is to the chairperson’s seat. A new chairperson will be chosen at the January board meeting and will be an elected official already on the MTS Board. Previously, a unelected member of the public could be the chairperson
   • The new chairperson must be elected by 2/3rds of the MTS Board. AB 805 allows a “weighted vote” for the vote of the chair, but requires a supermajority of weighted votes (67 out of 100 vote weight) to cement the decision
   • Other changes include:
     • The Mayor of San Diego automatically gets a seat on the MTS Board; assuming one of the four City of San Diego seats
     • The Chula Vista Mayor must serve on the MTS Board and the city gets a second seat
        
2. Voting structure changes:
   • AB 805 changes MTS Board voting so that, after a quorum is present (at least 8 board members), only a majority of the board members present is required for the board to take action. Previously, a minimum of eight “yes” votes were needed for action.
   • In addition to straight majority vote, two members can call for a “weighted vote.” This has always been the case, but AB 805 adjusts the weight of board member votes, including:
     • Chula Vista will get an extra vote
     • Each Chula Vista representative will have an equal vote
     • County loses 1 vote, Lemon Grove gains 1 vote

       Why does the MTS Board use a weighted vote in addition to a simple majority vote?

       A weighted vote helps when board members are split between support and opposition of an item. The weighted vote gives those cities with higher population greater influence.

        

3. Skilled & Trained or Project Labor Agreement (PLA) Requirement – AB 805 will now require a use of a “skilled and trained workforce” or PLA to be in place for construction contracts over $1 million
   • A “skilled and trained workforce” means that most workers’ building and construction trades must be either “skilled journeypersons” or apprentices. Each year a designated percentage of skilled journeypersons on a construction job must also be graduates of an apprenticeship program
   • A PLA is a pre-hire collective bargaining agreement that gives construction unions bargaining rights to determine the wage rates and benefits of construction employees on a particular project
      
4. MTS Sales Tax Authority
   • AB 805 gives MTS authority to propose a sales tax measure applicable in only MTS’ jurisdiction (as opposed to county-wide)
     • Previously, only the San Diego Association of Governments could propose a sales tax measure to voters
     • AB 805 will allow MTS to go to the ballot and ask voters to pay for service upgrades such as adding new vehicles, increasing frequency, and upgrading passenger amenities