CC - Item III.B - Giving Notice Of General Municipal Election 03/06/01vy
RESOLUTION NO. 2000 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, MARCH 6, 2001, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on March 6, 2001, for the election of
Municipal Officers:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Rosemead,
California, on Tuesday, March 6, 2001, a General Municipal Election for the purpose of electing
three Members of the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in the form and content as
required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. on the day
of the election and shall remain open continuously from that time until seven o'clock p.m. of the
same day when the polls shall be closed, except as provided in § 14404 of the Elections Code of
the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections. .
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Resolution No. 2000 -48
September 21, 2000
Page Two
SECTION' 7. That the City Clerk shall certify to the passage and adoption of the
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED and ADOPTED THIS 26th DAY SEPTEMBER, 2000.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ROSEMEAD )
I, Nancy Valderrama, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Resolution, being Resolution No. 2000 -48 was duly passed and adopted by the City
Council of the City of Rosemead, at a regular meeting of said Council held on the 26th day of
September, 2000, and that said Resolution was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
y :
RESOLUTION NO. 2000 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, MARCH 6, 2001, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on March 6, 2001, for the election of
Municipal Officers:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Rosemead,
California, on Tuesday, March 6, 2001, a General Municipal Election for the purpose of electing
three Members of the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in the form and content as
required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. on the day
of the election and shall remain open continuously from that time until seven o'clock p.m. of the
same day when the poll`s ° shall be closed, except as provided in § 14404 of the Elections Code of
the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Resolution No. 2000 -48
September 21, 2000
1
J
Page Two
SECTION 7. That the City Clerk shall certify to the passage and adoption of the
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED and ADOPTED THIS 26th DAY OF SEPTEMBER, 2000.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ROSEMEAD )
I, Nancy Valderrama, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Resolution, being Resolution No. 2000 -48 was duly passed and adopted by the City
Council of the City of Rosemead, at a regular meeting of said Council held on the 26th day of
September, 2000, and that said Resolution was passed by the following vote:
AYES:
NOES:
AB SENT:
ABSTAIN:
City Clerk
MAYOR:
MARGARETCLARK
MAYOR PRO TEM'.
JAY T IMPERIAL
COUNCILMEMBER5'.
ROBERT W. BRUESCH • 4
GARY A. TAYLOR
JOE VASQUEZ
September 26, 2000
The Honorable Gray Davis
Governor
1 st Floor, State Capitol
Sacramento, CA 95814
f oWmcad
8638 E. VALLEY BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569 -2100
FAX (626) 307 -9218
RE: Request For Veto of S.B. 1101 (Murray)
Dear Governor Davis:
We are writing to request your veto of Senate Bill 1101. This bill will prevent the creation of much
needed transit zone to serve the nine cities in the west San Gabriel Valley. SB 1101 takes local
control away from the cities by giving the Los Angeles County Metropolitan Transportation
Authority (MTA) final approval of labor contracts in a newly created transit zone. Joining the City of
Rosemead in requesting your veto is the San Gabriel Valley Council of Governments (COG).
The COG's recent examination of the cost effectiveness of transit services in these nine cities (that
includes Rosemead) found that overcrowding and service coverage gaps created $31 million in
unmet service needs annually. The cities agreed that the best way to address these needs was to
create a transit zone similar to the very successful and nationally recognized Foothill Transit Zone,
which for over a decade has served the balance of the San Gabriel Valley. S.B. 1101 makes it
impossible for a new zone to provide efficient, affordable bus service because it would limit the
zone's power to negotiate labor agreements. Transit zones need full control of their labor relations if
they are to be responsive to the cities they serve and the elected officials that oversee their
operations.
Our cities and elected officials have met on numerous occasions with S.B. 1101 proponents to
resolve these issues. From the outset, the cities agreed that the new or expanded zones could be
union shop and that any MTA drivers who transfer over to the zone should be held harmless during
the duration of their employment with the zone. However, the proponents refused to agree to these
generous and fair terms.
The thirty cities of the San Gabriel Valley that represent the 1.9 million residents of our region
request you seriously consider the transit needs of your constituents. Many of these people are public
transit dependent and must rely on bus services to get to work, school, health care and other activities
in the Valley everyday. Our residents and those of the other cities with significant unmet transit
needs deserve a transit service that provides clean, reliable buses at the most cost effective fares.
As representatives of a significant public transit dependent population, we are disturbed that the
bill's proponents can so callously disregard the public's welfare. Please keep in mind that despite a
veto, the bus drivers' and mechanics' salaries and benefits will be protected. At the same time we
will be able to achieve better duality public transit services in the west San Gabriel Valley.
We urge you to veto S.B. 1101 and return it to the Legislature without your signature.
Sincerely
MARGARET CLARK
Mayor
JAY T. IMPERIAL
Mayor Pro Tern
ROBERT BRUESCH GARY TAYLOR
Councilman Councilman
JOE VASQUEZ
Councilman
SB 1101 Senate Bill - Status
CURRENT BILL STATUS
Page 1 of 1
MEASURE : S.B. No. 1101
AUTHOR(S) Murray, Burton, Escutia, Hughes, Karnette, Polanco, and
Solis (Coauthors: Assembly Members Calderon, Cardenas,
Cedilla, Firebaugh, Floyd, Gallegos, Havice, Knox,
Kuehl, Nakano, Romero, Villaraigosa, Vincent, Wildman,
and Wright).
TOPIC Transportation: Los Angeles County Metropolitan
Transportation Authority: transportation zones.
+LAST AMENDED DATE 07/06/2000
TYPE OF BILL :
Inactive
Non - Urgency
Non - Appropriations
Majority Vote Required
State- Mandated Local, Program
Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 09 /18/2000
LAST HIST. ACTION Enrolled. To Governor at 4 p.m. '
FILE SEN UNFINISHED BUSINESS
FILE DATE 08/31/2000
ITEM 46
TITLE An act to amend Sections 130051.12, and 130110 of, and
to add Section 130051.24 to, the Public Utilities Code,
relating to transportation.
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SB 1101 Senate Bill - History
COMPLETE BILL HISTORY
BILL NUMBER : S.B. No. 1101
AUTHOR Murray
TOPIC Transportation: Los Angeles County Metropolitan Transportation
Authority: transportation zones.
TYPE OP BILL :
BILL HISTORY
2000
Inactive
Non - Urgency
Non - Appropriations
Majority Vote Required
State - Mandated Local Program
Fiscal
Non -Tax Levy
Page 1 of l
Sept. 18 Enrolled. To Governor at 4 p.m.
Aug. 31 Senate concurs in Assembly amendments. (Ayes 22. Noes 17. Page
6441.) To enrollment.
Aug. 30 In Senate. To unfinished business.
Aug. 29 Read third time. Passed. (Ayes 46. Noes 30. Page 8637.) To
Senate.
July 6 Read third time. Amended. To third reading.
June 27 Read second time. To third reading.
June 26 From committee: - Do pass. (Ayes 12. Noes 7.)
May 31 From committee with author's amendments. Read second time.
Amended. Re- referred to committee.
May 24 Hearing postponed by committee.
1999
Aug. 26 Read second time. Amended. Re- referred to Com. on APPR.
Aug. 25 From committee: Do pass as amended, but first amend, and re -refer
to Com. on APPR. (Ayes 10. Noes 7.)'
Aug. 16 Hearing postponed by committee.
July 15 Joint Rule 61 (a)(9) suspended.
July 13 From committee with author's amendments. Read second time.
Amended. Re- referred to committee.
July 1 -3 Hearing postponed by committee.
June 21 From committee with author's amendments. Read second time.
Amended. Re- referred to committee.
June 17 To Com. on TRANS. -
May 27 In Assembly. - Read first time. Held at Desk.
May 27 Read third time. Passed. (Ayes 22. Noes 15. Page 1396.) To
Assembly.
May 13 Read second time. To third reading.
May 12 From committee: Do pass. (Ayes 7. Noes 4. Page 1128.).
Apr. 15 Hearing postponed by committee. Set for hearing May 11. ,
Apr. 8 Hearing postponed by committee. Set for hearing May 4.
Mar. 25 Set for hearing April 20.
Mar. 18 To Com. on TRANS.
Mar. 1 Read first time.
Feb. 27 From print. May be acted upon on or after March 29.
Feb. 26 Introduced. To Com. on RLS. for assignment. To print.
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SB 1101 Senate Bill - ENROLLED
BILL NUMBER: SB 1101 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY JULY 6, 2000
AMENDED IN ASSEMBLY MAY 31, 2000
AMENDED IN ASSEMBLY AUGUST 26, 1999
AMENDED IN ASSEMBLY JULY 13, 1999
AMENDED IN ASSEMBLY JUNE 21, 1999
INTRODUCED BY Senators Murray, Burton, Escutia, Hughes, Karnette,
Polanco, and Solis
(Coauthors: Assembly Members'Calderon, Cardenas, Cedillo,
Firebaugh, Floyd, Gallegos, Havice, Knox, Kuehl, Nakano, Romero,
Villaraigosa, Vincent, Wildman, and Wright)
FEBRUARY 26, 1999
An act to amend Sections 130051.12 and 130110 of, and to add
Section 130051.24 to, the Public Utilities Code, relating to
transportation. -
LEGISLATIVE COUNSEL'S DIGEST
SB 1101, Murray. Transportation: Los Angeles County Metropolitan
Transportation Authority: transportation zones.
(1) Existing law requires the Los Angeles County Metropolitan
Transportation Authority to establish retirement benefits for
employees in a bargaining unit represented by a labor organization in
accordance wit.n a collective bargaining agreement.
This bill would include in this requirement employees in any
organizational unit of the authority that is in a bargaining unit
represented by a labor organization.
The bill also would require retirement benefits for employees of
the authority and any organizational unit of the authority in a
bargaining unit represented by a labor organization that was created
on or after January 1, 1999, for the purpose of representing
managerial employees or supervisorial employees, to be established
pursuant to a collective bargaining agreement between the authority
or any organizational unit of the authority and that labor
organization.
(2) Existing law authorizes the authority, as the successor entity
to the Los Angeles County Transportation Commission, to establish
transportation zones, as defined, only in those areas where the
authority determines by a majority vote that the authority or the
included municipal operator cannot otherwise provide adequate and
responsive local transportation services in a cost- effective manner.
Existing law also requires the authority to establish organizational
units, including an organizational unit with the operating
responsibilities of the Southern California Rapid Transit District
relating to exclusive public -mass transit guideway projects and the
operation of bus routes.
This bill, as to any transportation zone, as defined, approved on
or after January 1, 1999, that assumes any of the operating
responsibilities of the district, as specified above, on or after
that date, would require the transportation zone to assume and be
bound by the terms and conditions of employment set forth in any
collective bargaining agreements between the authority and any labor
organizations affected by the creation of the transportation zone as
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SB 1 101 Senate Bill - ENROLLED
well as the duties, .obligations; and liabilities arising from, or
relating to, labor obligations imposed by state or federal law upon
the authority, except as specified.
The bill would require, for a period of 4 years, commencing with
the date of transfer of service by_'he authority to the
transportation zone, or at the expiration date of any collective
bargaining agreement that is in effect during that 4-year period,
whichever is later, that employees of the transportation zone,
together with like employees of the authority, constitute appropriate
collective bargaining units. Upon expiration of the .specified
period, employees of the transportation zone, at the option of the
transportation zone, would be authorized to constitute appropriate
collective bargaining units that are independent of the collective
bargaining units of the authority.
The bill would require the authority to retain, for the period
specified above, the power of final approval of labor contracts
negotiated by it and the transportation zone with those labor
organizations representing collective bargaining units consisting of
both employees of the authority and the employees of the
transportation zone. Upon expiration of the specified period, the
authority would have no final approval power over any labor contract
neaotiated between the transportation zone and a labor organization
representing the employees of the transportation zone.
The bill would require the transportation zone to maintain, as a
cosponsor with the authority, any retirement system established and
maintained as specified, until participation in the retirement system
or retirement benefits is modified under the collective bargaining
process. The transportation zone would be authorized to appoint at
least one member to the retirement board of the retirement system.
The bill would require the transportation zone to maintain the
health care provisions contained in any assumed collective bargaining
agreement, until those provisions are modified through the
collective bargaining process. The bill would provide that the
transportation zone may not be held liable for financial obligations
to any health care provider that arose prior to the direct transfer
of employees from the authority to the transportation zone.
The bill would specify that the transportation zone is not an
organizational unit of.the authority.'
To the extent the provisions of this bill would impose additional
duties and responsibilities upon local governmental entities, the
bill would impose a state - mandated local program.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130051.12 of the Public Utilities Code is
amended to read:
130051.12. The Los Angeles County Metropolitan Transportation
Authority shall, at a minimum, reserve to itself exclusively, all of
the following powers and responsibilities:
(a) Establishment of overall goals and objectives.
(b) Adoption of the aggregate budget for all organizational units
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SB 1101 Senate Bill - ENROLLED
of the authority: - -•
(c) Designation of additional included municipal operators
pursuant to subdivision (f) of Section 99285.
(d) Approval of final rail corridor selections.
(e) Final approval of labor contracts covering employees of the
authority and organizational units of the authority.
(f) Establishment of the authority's organizational structure.
(g) Conducting hearings and the setting of fares for the operating
organizational unit established pursuant to paragraph (2) of
subdivision (a) of Section 130051.11.
(h) (1)� Approval of transportation zones.
(2) In determining the cost - effectiveness of any proposed
transportation zone, the authority may not approve or disapprove a
transportation zone based upon consideration of rates of wages and
other forms of compensation or hours and working conditions of
employees of the proposed transportation zone.
(3) Any determination of efficiencies that may be derived from the
approval of a transportation zone shall include consideration of
maintaining the prevailing rate of wages, hours, and other terms and
conditions of employment contained in current collective bargaining
agreements applicable to the authority as required under subdivision
(d) of Section 130051.11.
(9) A proposed transportation zone is not required to demonstrate
lower operating costs than those of the existing operator or
ooerators of the service to be transferred to the zone, but shall
demonstrate that the net cost will not be greater than the current
service.
(i) Approval of the issuance of any debt instrument with a
maturity date that exceeds the end of the fiscal year in which it is
issued.
(j) Approval of benefit assessment districts and assessment rates.
(k) Approval of contracts for transit equipment acquisition that
exceed five million dollars ($5,000,000), and making the findings
required by subdivision (c) of Section 130238.
SEC. 2. Section 130051.29 is added to the Public Utilities Code,
to read:
130051.25. (a) For the purposes of this section, the following
terms have the following meanings, unless the context requires
otherwise:
(1) The "authority" is the Los Angeles County Metropolitan
Transportation Authority.
(2) A "transportation zone" is a public agency or a public benefit
corporation of which public agencies are the sole members
established on or after January 1, 1999, that assumes any of the
operating responsibilities described in paragraph (2) of subdivision
(a) of Section 130051.11 on or after that date, regardless of whether
the transportation zone is an included municipal operator, as
defined in Section 99207, or an included transit district, as defined
in Section 99208.
(b) (1) Except as authorized under paragraph (2), a transportation
zone shall assume and be bound by the terms and conditions of
employment set forth in any collective bargaining agreements between
the authority and any labor organizations affected by the creation of
the transportation zone as well as the duties, obligations, and
liabilities arising from, or relating to, labor obligations imposed
by state or federal law upon the authority.
(2) Notwithstanding paragraph (1), if the authority is engaged in
collective bargaining with labor organizations representing employees
who are subject to transfer to the transportation zone between the
date of approval of the transportation zone and the date of the
transfer of service to the transportation zone, the authority may
consult with the transportation zone regarding matters within the
scope of labor representation.
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SB 1101 Senate Bill - ENROLLED
(c) (1) For a period of four-- years, commencing with the date of
transfer of service by the authority to the transportation zone, or
at the expiration date of any collective bargaining agreement that is
in effect during that four -year period, whichever is later,
employees of the transportation zone, together with like employees of
the authority, shall constitute appropriate collective bargaining
units. However, the transportation zone may be a separate employer
for other purposes.
(2) Upon expiration of the period described in paragraph (1),
employees of the transportation zone, at the option of the
transportation zone, may constitute appropriate collective bargaining
units that are independent of the collective bargaining units of the
authority.
(3) If independent bargaining units are established as authorized
under paragraph (2), the transportation zone may enter into
agreements with labor organizations as a separate employer, regarding
wages, benefits, and other terms and conditions of employment.
(4) The transportation zone shall maintain single employer
collective bargaining units for transportation operations and
maintenance employees. Those bargaining units shall contain
classifications for employees that are identical to those that -
existed for the joint collective bargaining units of the authority
and the transportation zone under paragraph (1), unless modified by
mutual agreement between the transportation zone and the affected
labor organizations.
(d) (1) The authority shall retain, for the period described in
paragraph (1) of subdivision (c), the power of final approval of
labor contracts negotiated by it and a transportation zone with those
labor organizations representing collective bargaining units
consisting of both employees of the authority and the employees of
the transportation zone. However, the authority may not grant any
final approval of a labor agreement unless it has first consulted
with the transportation zone.
(2) Upon expiration of the period described in paragraph (1) of
subdivision (c), the authority shall have no final approval power
over any labor contract negotiated between a transportation zone and
a labor organization representing the employees of the transportation
zone.
(e) (1) A transportation zone shall maintain, as a cosponsor with
the authority, any retirement system established and maintained under
subdivision (b) of Section 130110, until participation in the
retirement system or retirement benefits are modified under the
collective bargaining process.
(2) The transportation zone may appoint at least one member to the
retirement board of the retirement system. If the size of the board
is increased pursuant to this section, an equivalent number of
representatives of the labor organization representing the employees
shall be appointed to the board to ensure that the board maintains an
equal number of employer and labor organization members.
(3) Prior to the transfer of any service to a transportation zone,
the plan administrator for the retirement system shall permit the
transportation zone to perform an actuarial financial examination of
the assets and liabilities of the retirement system and the benefits
accrued under it.
(4) The liability of the transportation zone for obligations under
the retirement system shall be limited to benefits accruing to
employees of the transportation zone.
(f) (1) The transportation zone shall maintain the health care
provisions contained in any assumed collective bargaining agreement,
until those provisions are modified through the collective bargaining
process.
(2) The transportation zone may not be held liable for financial
obligations to any health care provider that arose prior to the
direct transfer of employees from the authority to the transportation
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SB 1101 Senate Bill - ENTROLLED
zone.
(g) Labor relations in a transportation zone shall be governed
under Article 10 (commencing with Section 30750) of Chapter 9 of Part
3 of Division 10, except that whenever a duty or power is imposed
upon or granted to the authority under those - provisions, the duty or
power, for the purposes of this section, shall be deemed to be
imposed upon or granted to the transportation zone as well as the
authority.
(h) Nothing in this section prohibits a transportation zone from
contracting for managerial services that are not provided by any
classification of any bargaining unit.
(i) A transportation zone is not an organizational unit of the
authority.'
SEC. 3. Section 130110 of the Public Utilities Code is amended to
read:
130110. (a) For employees of the Los Angeles County Metropolitan
Transportation Authority not in a bargaining unit represented by a
labor organization, the authority shall establish retirement benefits
pursuant to Article 1 (commencing with Section 30900) and Article 2
(commencing with Section 30930) of Chapter 9 of Part 3 of Division
10.
(b) Retirement benefits for employees of the authority and any
organizational unit of the authority in a bargaining unit represented
by a labor organization shall be established pursuant to Article 3
(commencing with Section 30950) of Chapter 9 of Part 3 of Division
10.
(c) Retirement benefits for employees of the authority and any
organizational unit of the authority in a bargaining unit represented
by a labor organization that was created on or after January 1,
1999, for the purpose of representing managerial employees or
supervisorial employees', shall be established pursuant to a
collective bargaining agreement between the authority or any
organizational unit of the authority and that labor organization.
SEC. 9. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 9 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
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SB 1101 Senate Bill -Vote Information
VOTES - ROLL CALL
MEASURE: SE _1101
AUTHOR: Murray
TOPIC: Transportation: Los Angeles County Metropoli
DATE: 08/29/2000
LOCATION: ASM. FLOOR
MOTION: SB 1101 MURRAY THIRD READING BY CEDILLO
(AYES 46. NOES 30.) (PASS)
AYES
+ + ++
Alquist Aroner Bock Calderon
Cardenas Cardoza Cedillo Corbett
Correa Davis Ducheny Dutra
Firebaugh Floyd Gallegos Havice
Honda Jackson Keeley Knox
Kuehl Lampert Longville Lowenthal
Machado Mazzoni Migden Nakano
Papan Reyes Romero Scott
Shelley Steinberg Strom - Martin Thomson
Torlakson Villaraigosa Vincent Washington
Wayne Wesson Wiggins Wildman
Wright Hertzberg
NOES
Aanestad .
Ackerman
Ashburn
Baldwin
Bates Battin
Baugh Briggs
Campbell
Cox Cunneen
Dickerson
Granlund
House Kaloogian
Leach
Leonard Maddox
Maldonado
Margett
McClintock
Olberg 011er
Robert
Pacheco
Rod Pacheco
Pescetti
Runner
Strickland
Thompson
Zettel
ABSENT, ABSTAINING, OR NOT VOTING
++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
Brewer Florez Frusetta Vacancy
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SB 1101 Senate Bill - Vote Information
VOTES - ROLL CALL
MEASURE: SB 1101
AUTHOR: Murray
TOPIC: Transportation: Los Angeles County Metropoli
DATE: 08/25/2000
LOCATION: ASM. FLOOR
MOTION: SB 1101 MURRAY THIRD READING BY CEDILLO
(AYES 46. NOES 30.) (PASS)
AYES
Alquist Aroner Bock Calderon
Cardenas Cardoza Cedillo Corbett
Correa Davis Ducheny Dutra
Firebaugh Floyd Gallegos Havice
Honda Jackson Keeley Knox
Kuehl Lampert Longville Lowenthal
Machado Mazzoni Migden Nakano
Papan Reyes Romero Scott
Shelley Steinberg Strom - Martin Thomson
Torlakson Villaraigosa Vincent Washington
Wayne Wesson Wiggins Wildman
Wright Hertzberg
NOES
+ +++
Aanestad
Ackerman
Ashburn
Baldwin
Bates Battin
Baugh
Briggs
Campbell
Cox
Cunneen
Dickerson
Granlund
House
Kaloogian
Leach
Leonard Maddox
Maldonado
Margett
McClintock
Olberg
011er
Robert
Pacheco
Rod Pacheco
Pescetti
Runner
Strickland
Thompson
Zettel
ABSENT, ABSTAINING, OR NOT VOTING
Brewer Florez Frusetta Vacancy
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SB 1 101 Senate Bill -Bill Analysis
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ISENATE RULES COMMITTEE I
(Office of Senate Floor Analyses
11-020 N Street, Suite 524
1(916) 445 -6614 Fax: (916) 1
1327 -4478 _ 1
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UNFINISHED BUSINESS
Bill No: SB 1101
Author: Murray (D), at al
Amended: 7/6/00
Vote: 21
SB 11011
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SENATE TP- ANSPORTATION COMMITTEE 7 -4, 5/11/99
AYES: Karnette, Dunn, Costa, Figueroa, Murray, Polanco,
Speier
NOES: Kelley, Monteith, Morrow, Rainey
NOT .VOTING: Hayden
SENATE FLOOR : 22 -15, 5/27/99
AYES: Alarcon, Alpert, Baca, Bowen, Burton, Chesbro,
Costa, Dunn, Escutia, Figueroa, Hughes, Johnston,
Karnette, Murray, O'Connell, Ortiz, Peace, Perata,
Polanco, Sher, Solis, Speier
NOES: Brulte, Johannessen, Johnson, Kelley, Knight,
Leslie, Lewis, McPherson, Monteith, Morrow, Mountjoy,
Poochigian, Rainey, Schiff, Wright
ASSEMBLY FLOOR 46 -30, 8/29/00 - See last page for vote
SUBJECT Transportation zones: labor agreements
SOURCE Author
DIGEST .. This bill requires a transportation zone or
similar organizational sub -unit of the Los Angeles County
Metropolitan Transportation Authority, established on or
after January 1, 1999, to assume the duties, obligations,
and liabilities arising from any existing collective
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bargaining agreements -or labor obligations of MTA
Assembly Amendments
1. Prohibit MTA from considering certain criteria when
evaluating the cost - effectiveness or potential
efficiencies arising from the establishment of a new
transportation zone.
2. Make numerous technical and clarifying changes without
changing the intent of the bill as it-left the Senate.
ANALYSIS Existing law:
1. Authorizes MTA, as the successor entity to the los
Angeles County Transportation Commission, to establish
local transportation zones, as defined, only in those
areas where MTA determines, by a majority vote, that
MTA or the included municipal operator cannot otherwise
provide adequate and responsive local transportation
services in a cost- effective manner.
2. Requires MTA to establish specific organizational
units, including a transit construction unit, an
operating unit for transit guideways and bus routes,
and a planning and programming unit, as well as
authorizing other units as needed. The law authorizes
MTA to administratively delegate to an organizational
unit any powers and duties it deems appropriate,
including eminent domain, approval of contracts and
hearing and resolving bid protests. However, MTA may
not delegate final approval of any labor contracts..
Specifically, this bill:
1. Defines a "transportation zone" as an entity that is
established on or after January 1999, that assumes
responsibility for the operation of bus routes and
exclusive public mass transit guideways within a
specified portion of MTA service area.
2. Specifies that a transportation zone shall assume and
be bound by the terms and conditions of employment set
forth in any collective bargaining agreements between
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MTA and any labor organizations affected b the creation
of a transportation zone. This bill also specifies
that any state or federal labor requirement that has
been established for MTA shall apply to a
transportation zone.
3. Authorizes MTA, when engaged in collective bargaining
with labor organizations representing employees who are
subject to transfer from MTA to a transportation zone,
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to consult with -the transportation,zone regarding
matters within the scope of labor representation.
9. Establishes a phase -in period for the transfer of
service form MTA to a transportation zone. This bill
specifies that during this period, the employees of a
transportation zone, together with like employees of
MTA, shall constitute appropriate collective bargaining
units. This requirement would apply for a period of
four years, commencing with the date of transfer of
service by MTA to a transportation zone, or at the
expiration date of any collective bargaining agreement
that is in effect during that four -year period,
whichever is later.
5. Specifies that upon the expiration of the phase -in
period, employees of the transportation zone may
constitute appropriate collective bargaining units that
are separate from MTA.
6. Requires transportation zones to maintain single
employer collective bargaining units for maintenance
and transportation operations employees. This bill
requires the collective bargaining units within a
transportation zone to contain employee classifications
that are identical to the classifications that existed
for the joint collective bargaining units established
by this bill. This requirement may be modified by
mutual agreement of the transportation zone and the
affected labor organizations.
7. Specifies that MTA shall, after consulting with the
affected transportation zone, retain final approval of
the labor agreements that it negotiates with a
transportation zone and a labor organization that
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represents affected employees. This bill requires MTA
to consult with the transportation zone before
rendering a final approval decision. This bill also
specifies that this power of final approval would rest
with MTA only during the transfer of service phase -in
period established by this bill.
8. Requires a transportation zone to maintain, as a
co- sponsor with MTA, retirement benefits that are
currently available to MTA employees, until those
benefits are modified under a collective bargaining
process.
9. Authorizes a transportation zone to make at least one
additional appointment to the governing body of a
retirement system. This bill also provides for the
.further expansion of the board for the purpose of
ensuring that the governing body includes an equal
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number of employer and labor organization members
10. Requires the administrator fo a retirement plan that
is currently available to MPA employees who may be
. transferred to a transportation zone, to permit the
zone to perform an actuarial financial examination of
the benefits featured in the plan and the plan's assets
and liabilities. -
11. Specifies that a transportation zone shall only be
liable for obligations under the retirement system
regarding benefits to employees of the transportation
zone. This bill also clarifies that a transportation
zone may not be held liable for financial obligations
to any health care providers that arose prior to the
transfer of employees from MTA to a transportation
zone.
12. Clarifies that a transportation zone is not an
organizational unit of MTA. This bill also clarifies
that nothing in this.section shall prohibit a
transportation zone from contracting for non - bargaining
unit managerial services.
Comments
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In 1998, MTA board of directors voted to adopt a plan that
would provide bus services in areas that are currently
operated by MTA. Under this new arrangement, bus service
would be provided by subregionally governed operators who
applied to take over service in areas that were once
operated by MTA. The board motion directed MTA to:
" ?work with the City of Los Angeles, entities study a San
Fernando Valley Zone, San Gabriel Valley Council of
Governments, Foothill Transit Zone, Gateway COG, South Bay
COG, Arroyo Verdugo cities and other subregional agencies
to develop alternative bus service delivery structures
based upon the Transit Zone concept."
In February 1999, MTA approved guidelines for the formation
of subregional transit zones in designated areas where MTA
currently provides service. Under the zone concept,
service would initially be transferred to a new subregional
zone during a demonstration, or phase -in period. After the
phase -in period, the service would be evaluated by MCA and,
if approved, the zone would be formally established.
In the San Gabriel Valley, nine cities (Alhambra, Rosemead,
Monterey Park, South Pasadena, Pasadena, San Marino, San
Gabriel, Sierra Madre and Montebello) have been identified
with an estimated $31 million in annual unmet service
needs. The local council of governments determined that
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these cities should served by Foothill Transit which
currently provides service in a neighboring part of the
region. Proponents of the transit zone concept believe the
Foothill Transit, if their application to provide service
is approved, would offer more efficient service than is
currently provided by MTA.
The author argues that this bill is intended to clarify and
preserve the collective bargaining rights of MTA employees
who become employees of a transportation zone established
by MTA. Proponents contend that such employees could be
subject to the potential loss of their jobs, pensions,
seniority rights, or other labor agreement conditions and
protections upon the creation of a transportation zone.
Proponents believe current law is ambiguous regarding these
labor issues, and are concerned that the creation of
transportation zones would result in reductions in
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employees' salaries and other compensation and benefits.
Opponents contend this bill would thwart the expansion of
existing or the creation of additional transportation zones
within MTA's area of jurisdiction. They state this bill is
contradictory to long- standing statutory provisions that
local communities should be given more responsibility for
their transportation services, and argue that this bill
effectively would block the establishment of improved
transportation services at lower costs.
Opponents object to the fact that operators of
transportation zones could not conclude collective
bargaining agreements without MTA approval and that
financial factors like wages could not be considered in
assessing the potential cost - effectiveness of a new
transportation zone. They indicate that current labor
contracts would remain in force until their expiration date
and that employees' labor rights will be protected under
MTA transportation zone guidelines during the trial period
of any new transportation zone.
Supporters of this bill argue that any employees that are
transferred form MTA to a new one must be employees of the
subregional governing body. Opponents to this bill contend
the operators of a new zone must be able to contract for
certain services in order to provide more efficient and
accountable management bus services. The current
provisions of this bill do not prohibit contracting for
specified services.
FISCAL EFFECT Appropriation: No Fiscal Com.: No
Local: No
SUPPORT (Verified 8/30/00)
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California Labor Federation,
Calfiornia Conference Board,
United Transportation Union
American Federation of State
Employees
AFL -CIO
amalgamated Transit Union
County and Municipal
OPPOSITION (Verified
0
8/30/00)
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Foothill Transit
California Transit Association
Laidlaw- Transit Services
City of Rosemead
City of Monterey Park
City of Claremont
City of South Pasadena
ARGUMENTS IN SUPPORT The bill is intended to clarify
and preserve the collective bargaining rights of MIA
employees who become employees of a transportation zone
established by the MTA. Proponents contend that such
employees could be subject to loss of their jobs, pensions,
seniority rights or other labor agreement conditions and
protections upon the creation of a transportation zone.
Proponents believe current law is ambiguous regarding these
labor issues and are concerned that the creation of
transportation zones would result in reductions in
employees' salaries and other compensation and benefits.
ARGUMENTS IN OPPOSITION - : Opponents contend the bill
would thwart the expansio of existing or the creation of
additional transportation zones within the MTA's area o.
jurisdiction. They state the bill is contradictory to
long- standing statutory provisions that local communities
should be given more responsibility for their
transportation services and argue that the bill effectively
would block the establishment of improved transportation
services at lower costs.
Opponents object to the fact that operators of
transportation zones could not conclude collective
bargaining agreements without MIA approval and that
financial factors like wages could not be considered in
assessing the potential cost - effectiveness of a new
transportation zone. They indicate that current labor
contracts would remain in force until their expiration date
and that employees' labor rights will be protected under
MIA transportation zone guidelines during the three -year
trial period of any new transportation zone.
ASSEMBLY FLOOR
AYES: Alquist, Aroner, Bock, Calderon, Cardenas, Cardoza,
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Cedillo, Corbett, Correa, Davis, Ducheny, Dutra,
Firebaugh, Floyd, Gallegos, Havice, Honda, Jackson,
Keeley, Knox, Kuehl, Lempert, Longville, Lowenthal,
Machado, Mazzoni, Migden, Nakano, Paoan, Reyes, Romero,
Scott, Shelley, Steinberg, Strom-Martin, Thomson,
Torlakson; Villaraigosa, Vincent, Washington, Wayne,
Wesson, Wiggins, Wildman, Wright, Hertzberg
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Battin,
Baugh, Briggs, Campbell, Cox, Cunneen, Dickerson,
Granlund, House, Kaloogian, Leach, Leonard, Maddox,
Maldonado, Margett, McClintock, Olberg, 011er, Robert
Pacheco, Rod Pacheco, Pescetti, Runner, Strickland,
Thompson, Zettel
RJG:kb 8/31/00 Senate Floor Analyses
SUPPORT /OPPOSITION: SEE ABOVE
* *,* END * * **
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