HomeMy WebLinkAbout76-60 - Supporting AB 2752, Orange County Transit DistrictRESOLUTION NO. 76-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, IN SUPPORT OF
ASSEMBLY HILL 2752.
WHEREAS, the California State Legislature and the citizens of
Orange County have given the Orange County Transit District (OCTD) the
responsibility for providing needed public transit services throughout
the County; and
WHEREAS, there is an ever increasing demand to add new routes and
reduce headways on existing OCTD fixed routes aimed toward completing
the system and providing higher levels of service to the people of
Orange County; and
WHEREAS, there is an ever increasing demand for community -level
service in Orange County to provide localities throughout the County
with service responsive to specific community characteristics; and
WHEREAS, the OCTD is greatly limited in instituting these higher
levels of service because of obstacles inherent in its enabling legis-
lation; and
WHEREAS, the restrictions in the OCTD enabling act are extensive
enough to prohibit the OCTD from expanding into programs that provide
higher levels of service because OCTD cannot implement service where it
might compete with an existing system; and
WHEREAS, the competition need not be significant and there need be
no finding of actual competition, only that the potential exists; and
WHEREAS, OCTD must purchase the system with which it may compete
before service is implemented; and
WHEREAS, because the purchase price requirements for existing
systems are not based on fair market value but are based on gross
revenues, the purchase formula places an unfair financial burden on the
OCTD and the people of Orange County; and
WHEREAS, recent Dial -A -Ride litigation involving the City of
Orange Dial -A -Ride system illustrates that the impacted taxicab company
projected an annual net profit loss of approximately $200.00 following
the implementation of Dial -A -Ride; and
WHEREAS, the current purchase formula in the OCTD enabling legis-
lation dictates that before the Transit District can continue to operate
the City of Orange Dial -A -Ride, it must acquire the impacted taxicab
company at a cost of $1.3 million; and
WHEREAS, the OCTD must either purchase the existing system for
$1.3 million or cease operation of a Dial -A -Ride service that in its
infant stages has been carrying up to 18,000 passengers a month; and
WHEREAS, the restrictions found in OCTD's enabling act are peculiar
to the Transit District in Orange County, and nine other transit agencies
in the State of California have no such restrictions or costly buy-out
procedures; and
WHEREAS, it is not the intent of the OCTD to adversely affect
private enterprise, and all current and proposed community -level systems
would be operated by private enterprise utilizing their own employees
and operating strategies under contract to OCTD; and
WHEREAS, OCTD board policy has been established to always involve
private enterprise whenever possible; and
WHEREAS, repealing the competition and purchase provisions in the
OCTD enabling act would make the District's legislation consistent with
existing statutes applicable to municipalities and the majority of
transit districts throughout the State; and
WHEREAS, Assembly Bill 2752 has been introduced before the 1975-76
California State Legislature, and if adopted, would delete the require-
ment that the District purchase an existing transit service or system
prior to establishing any transit service or system which may compete
with the existing transit service or system; and
WHEREAS, the Bill, if adopted, establishes a three-step procedure
for determining just compensation for private transportation systems in
the event there is competition from the Orange County Transit District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Costa Mesa that the City of Costa Mesa does support changes in the
OCTD's legislation to devise workable guidelines for meeting the public
transit requirements of the people of Orange County.
BE IT FURTHER RESOLVED that the City of Costa Mesa does support the
passage of Assembly Bill 2752.
BE IT FURTHER RESOLVED that copies of this Resolution be forwarded
to State Senators Dennis Carpenter, James E. Whetmore, and Alfred E.
Alquist, Chairman of the Public Utilities Transit and Energy Committee,
Assemblymen Robert E. Badham, John V. Briggs, Robert H. Burke, Paul B.
Carpenter, Bruce Nestande, Richard Robinson, and Walt Ingalls, Chairman
of the Assembly Transportation Committee, and the Orange County Transit
District.
PASSED AND ADOPTED this 3rd day of May, 1976.
Mayor of theC' y o G sta Mesa
ATTEST:
City Clerk of the City of r
ta Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and
foregoing Resolution No. 76-60 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 3rd
day of May, 1976.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of May, 1976.
City Clerk and ex -officio Clerk. of the
City Council of the City of CkAa Mesa