Sutter Creek Assistant City Manager Sean Rabe tells transportation commissioners that Amador's incorporated cities will want representation if the commission reorganizes into a joint powers authority.

Photo by: Debbie Dunn

Nancy Miller, an attorney from Miller, Owen & Trost, took center stage at the Amador County Transportation Commission meeting Wednesday night to define the commission's options for agency reorganization.

The agenda item had been continued from September's meeting, when staff identified to appointed commissioners a list of challenges that were a direct result of the current operating structure. Concerns included the inability to administer mitigation fees efficiently, hold property title, develop sales tax measures or offer a more equitable population representation.

Introducing herself as transportation experienced, with 25 years of legal representation for regional authorities like Sacramento, El Dorado, Modoc, San Diego and Calaveras counties, Miller opened. "You're going to receive a lot of information tonight without any expectation of a decision," she said.

ACTC executive director Charles Field added that "initial hopes were to bring you options that had been run past county counsel, city staff and managers but, quite frankly, there just wasn't enough time."

PowerPointing through the comprehensive presentation, Miller identified three available legal options for the commission's restructuring: forming a California Joint Powers Authority with a Council of Government potential, going the route of a local transportation authority or customizing special legislation to define ACTC's powers. Specific pros and cons were reviewed for each option, revealing, after some discussion, that a JPA without a COG would probably satisfy the majority of the agency's current shortfalls.

Senate Bill 375, an anti-sprawl bill signed into law Sept. 30, was a discussion consideration. Miller pointed out that this new law was a tool for further implementation of AB 32, the state's landmark bill to reduce greenhouse gases. She shared that compliance appears to push counties higher up the funding awards lists. The senate bill was also supported by developers for the CEQA fast track opportunities it affords them.

"What about composition?" asked Commissioner Greg Baldwin, a Plymouth council member. "How will the JPA be constructed for representation?"

Miller indicated that a minimal amount of change from the current structure might be acceptable. Public input supporting broader representation suggested contacting special districts recently identified in the municipal services review published by the Local Agency Formation Commission. Voting members on a JPA are required to first represent a legal entity. Sean Rabe, assistant city manager of Sutter Creek and a former ACTC planner, suggested that Amador's incorporated cities would want a role in any JPA. "Should a JPA be constructed, each of the cities would want independent representation," he said, "all five cities."

Field requested the commissioners provide some direction on a list of optional roles and responsibilities the restructured agency could hold. Commissioner Richard Forster held only one reservation to the list, involving forming a special assessment or tax district. The District 2 supervisor, he said he was uncomfortable pursuing options that could burden local taxpayers.

Further direction was given to Miller and ACTC staff to establish a framework for the JPA that could be shared with local city and county officials for suggestions or approvals. Field offered targeted preliminary JPA formation before the December holidays, with city council reviews some time in January.