BILL NUMBER: SB 1703 CHAPTERED
BILL TEXT
CHAPTER 743
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2002
APPROVED BY GOVERNOR SEPTEMBER 20, 2002
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
AMENDED IN ASSEMBLY AUGUST 28, 2002
AMENDED IN ASSEMBLY AUGUST 23, 2002
AMENDED IN ASSEMBLY JULY 2, 2002
AMENDED IN ASSEMBLY JUNE 24, 2002
AMENDED IN SENATE MAY 15, 2002
AMENDED IN SENATE APRIL 30, 2002
INTRODUCED BY Senator Peace
FEBRUARY 21, 2002
An act to amend Section 29532.1 of the Government Code, and to
amend Section 99233.5 of, and to add Chapter 3 (commencing with
Section 132350) to Division 12.7 of, the Public Utilities Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1703, Peace. San Diego: consolidated transportation agency.
Existing law, the San Diego County Regional Transportation
Commission Act, requires the Board of Directors of the San Diego
Association of Governments to serve as the San Diego County Regional
Transportation Commission. Existing law provides that any board,
commission, or department succeeding to the functions of the
association is granted the powers and duties of the association.
This bill would create a consolidated transportation agency in
San Diego from specified existing agencies, including the San Diego
Association of Governments (SANDAG), the Metropolitan Transit
Development Board (MTDB), and the North County Transit Development
Board (NCTD), and would authorize that agency to assume certain
responsibilities and functions of those agencies. The consolidated
agency would be governed by a board of 20 members selected from
specified areas within the county. The bill would provide that this
agency assumes the powers of the transportation commission and would
be designated the transportation planning agency for its area. The
bill would allocate the agency's votes among the board and specify a
weighted vote formula. The bill would create the executive,
transportation, regional planning, and borders policy committees and
would authorize these committees to perform specific functions. The
bill would authorize the agency to own, operate, and maintain
property and to adopt regulations regarding specified transportation
matters. The bill would authorize the agency to, among other things,
contract for goods and services, employ legal counsel, provide
retirement benefits to its employees, enter joint powers agreements,
provide insurance, and issue bonds. The bill would provide that the
executive director is the administrator of the agency. The bill
would require the agency to submit a report to the Governor and the
Legislature beginning in 2005 regarding its progress in carrying out
the provisions of this bill. The bill would make related conforming
changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares that this act
is an incremental step toward establishing a regional agency having
authority over a range of regional issues. There is a clear need for
a regional agency having sufficient land-use authority to implement
an efficient regional transportation system and develop a
comprehensive plan coordinated with the regional transportation plan.
The goals should include reducing traffic congestion, limiting
sprawl, and improving the quality of life for San Diegans. To
accomplish this, future legislation must assure an effective form of
governance that includes, but is not limited to, public
participation, accountability, and proportional representation, which
would be approved by the voters of San Diego County.
SEC. 2. Section 29532.1 of the Government Code is amended to read:
29532.1. Pursuant to subdivision (a) of Section 29532, each of
the following entities is designated the transportation planning
agency for its respective area:
(a) The Metropolitan Transportation Commission created by Title
7.1 (commencing with Section 66500).
(b) The Tahoe Regional Planning Agency created by interstate
compact and ratified by Title 7.4 (commencing with Section 66800).
(c) The Placer County Transportation Planning Agency created by
Title 7.91 (commencing with Section 67910).
(d) The Nevada County Transportation Planning Agency created by
Title 7.92 (commencing with Section 67920).
(e) The Transportation Agency of Monterey County created pursuant
to Title 7.93 (commencing with Section 67930).
(f) The Santa Cruz County Regional Transportation Commission
created by Title 7.94 (commencing with Section 67940).
(g) The El Dorado County Transportation Planning Agency created by
Title 7.95 (commencing with Section 67950).
(h) The consolidated agency created by Chapter 3 (commencing with
Section 132350) of Division 12.7 of the Public Utilities Code.
SEC. 3. Section 99233.5 of the Public Utilities Code is amended to
read:
99233.5. Up to 10 percent of the remaining money for the area
under the jurisdiction of a transit development board created
pursuant to Division 11 (commencing with Section 120000) shall be
allocated to the transit development board and the transportation
planning agency to carry out administrative and planning powers,
duties, and functions and construction and acquisition programs in
accordance with Article 4 (commencing with Section 132353) of Chapter
3 of Division 12.7.
Thereafter, the remaining money for allocation in that area shall
be allocated by the transportation planning agency to claimants.
SEC. 4. Chapter 3 (commencing with Section 132350) is added to
Division 12.7 of the Public Utilities Code, to read:
CHAPTER 3. TRANSPORTATION CONSOLIDATION FOR SAN DIEGO
Article 1. General Provisions, Findings, and Definitions
132350. This chapter shall be known and may be cited as the San
Diego Regional Transportation Consolidation Act. The purpose of this
act is to provide for the consolidation of transportation
responsibilities in the San Diego region which can only be provided
for by and through enactment of state law.
132350.1. The Legislature hereby finds and declares all of the
following:
(a) There is an imperative need for comprehensive planning and
implementation of regional transportation projects in the San Diego
region. Diminution of congestion on the streets and highways in the
San Diego region will facilitate passage of all Californians
traveling through San Diego, and especially benefit persons who live
or work in San Diego County who must commute to points within and
outside the San Diego region on a daily basis.
(b) Several separate limited-purpose transportation agencies have
been established in the San Diego region, however, the San Diego
region would benefit from coordinated and comprehensive planning by
these agencies.
(c) In view of the limited powers of the San Diego Association of
Governments (SANDAG), to provide the needed comprehensive
transportation planning and implementation without consolidation of
certain responsibilities of the transit boards, the Legislature finds
that consolidation of the planning, programming, project
development, and construction activities of various transportation
agencies in the San Diego region will improve the efficiency and
effectiveness of implementing needed transportation infrastructure
and services and provide for a focus on meeting the mobility needs of
the region.
(d) It is, therefore, the intent of the Legislature in enacting
this chapter to consolidate SANDAG and certain responsibilities of
the transit boards to provide for sufficient power and authority to
solve the transportation problems in the San Diego region and the
needed comprehensive transportation system.
132350.2. For purposes of this chapter, the definitions contained
in this section have the following meanings:
(a) "Consolidated agency" means the authority resulting from the
consolidation of SANDAG and the transit boards' responsibilities as
set forth herein.
(b) "Consolidated entities" means SANDAG and the transit boards as
set forth in Article 4 (commencing with Section 132353).
(c) "Population" means that population of any agency last
determined for the agency as certified by the Department of Finance
as of April 1 of each year, or if no certification has been made, the
last Federal Decennial Census, except that the population of San
Diego County shall be that population determined in the same manner
for the unincorporated area of the county. The population of the
region shall be that population determined by adding the population
of each agency.
(d) "North county coastal" means the Cities of Del Mar, Solana
Beach, Encinitas, Carlsbad, and Oceanside.
(e) "North county inland" means the Cities of Vista, San Marcos,
Escondido, and Poway.
(f) "South county" means the Cities of Chula Vista, National City,
Imperial Beach, and Coronado.
(g) "East county" means the Cities of El Cajon, Santee, La Mesa,
and Lemon Grove.
(h) "San Diego region" means the territory located within the
boundaries of San Diego County.
(i) "Transit boards" means the San Diego Metropolitan Transit
Development Board (MTDB) and the North San Diego County Transit
Development Board (NCTD).
Article 2. Organization and Governance
132351. The consolidation of SANDAG and the transit boards will
consolidate responsibilities under the organization and governance
structure and with the powers, duties, functions, and authority as
set forth herein.
132351.1. (a) A board of directors consisting of 20 members shall
govern the consolidated agency.
(b) All powers, privileges, and duties vested in or imposed upon
the consolidated agency shall be exercised and performed by and
through a board of directors provided, however, that the exercise of
all executive, administrative, and ministerial power may be delegated
and redelegated by the board, to any of the offices, officers, or
committees created pursuant to this chapter or created by the board
acting pursuant to this chapter.
(c) The board shall be composed of one primary representative
selected by the governing body of each city in the county and a
member of the San Diego County Board of Supervisors to serve until
recalled by the governing body of the city or county. The City of
San Diego shall have two primary representatives. Each director
shall be a mayor, councilperson, or supervisor of the governing body
which selected him or her. Vacancies shall be filled in the same
manner as originally selected. Each city or county shall also select
in the same manner as the primary representative one alternate to
serve on the board when the primary representative is not available.
The alternate shall be subject to the same restrictions and have the
same powers, when serving on the board, as the primary
representative.
(d) At its discretion, each city and county may select a second
alternate, in the same manner as the primary representative, to serve
on the board in the event that neither the primary representative
nor the regular alternate is able to attend a meeting of the board.
This alternate shall be subject to the same restrictions and have the
same powers, when serving on the board, as the primary
representative.
(e) The board may allow for the appointment of advisory
representatives to sit with the board but in no event shall said
representatives be allowed a vote. The current advisory
representatives to the San Diego Association of Governments may
continue his or her advisory representation on the consolidated
agency at their discretion. The County of Imperial and the cities in
that county may collectively designate an advisory representative to
sit with the board.
132351.2. (a) A majority of the member agencies constitute a
quorum for the transaction of business. In order to act on any item,
except consent items which only require the vote specified in
paragraph (1), the following voting formula in both paragraphs (1)
and (2) shall apply:
(1) A majority vote of the members present on the basis of one
vote per agency.
(2) A majority of the weighted vote of the member agencies
present.
(b) The City of San Diego shall determine how to allocate its
single agency vote and its weighted votes between its two members.
(c) For the weighted vote, there shall be a total of 100 votes,
except additional votes shall be allowed pursuant to subdivision (f).
Each representative shall have that number of votes determined by
the following apportionment formula, provided that each agency shall
have at least one vote, no agency shall have more than 40 votes, and
there shall be no fractional votes:
(1) If any agency has 40 percent or more of the total population
of the San Diego County region, allocate 40 votes to that agency and
follow paragraph (2), if not, follow paragraph (3).
(2) Total the population of the remaining agencies determined in
paragraph (1) and compute the percentage of this total that each
agency has.
(A) Multiply each percentage derived above by 60 to determine
fractional shares.
(B) Boost fractions that are less than one, to one and add the
whole numbers.
(C) If the answer to subparagraph (B) is 60, drop all fractions
and the whole numbers are the votes for each agency.
(D) If the answer to subparagraph (B) is less than 60, the
remaining vote(s) is allocated one each to that agency(s) having the
highest fraction(s) excepting those whose vote was increased to one
in subparagraph (B) above.
(E) If the answer to subparagraph (B) is more than 60, the excess
vote(s) is taken one each from the agency(s) with the lowest fraction
(s). In no case shall a vote be reduced to less than one.
(3) Total the population determined in paragraph (1) and compute
the percentage of this total that each agency has.
(A) Boost fractions that are less than one, to one and add the
whole numbers.
(B) If the answer to subparagraph (A) is 100, drop all fractions
and the whole numbers are the votes for each agency.
(C) If the answer to subparagraph (A) is less than 100, the
remaining vote(s) is allocated one each to that agency(s) having the
highest fraction(s) excepting those whose vote was increased to one
in subparagraph (A) above.
(D) If the answer to subparagraph (A) is more than 100, the excess
vote(s) is taken one each from that agency(s) with the lowest
fraction(s). In no case shall a vote be reduced to less than one.
(d) When a weighted vote is taken on any item that requires more
than a majority vote of the board, it shall also require the
supermajority percentage of the weighted vote.
(e) The weighted vote shall be recomputed in the above manner
every July 1.
(f) Any other newly incorporated city shall receive one vote under
the single vote procedure and one vote under the weighted vote
procedure specified above until the next recomputation of the
weighted vote, at which time the new agency shall receive votes in
accordance with the formula specified in subdivision (b). Until this
recomputation, the total weighted vote may exceed 100.
132351.3. The consolidated agency is the successor agency to the
San Diego Association of Governments (SANDAG) and those entities set
forth in Article 4 (commencing with Section 132353). The
consolidated agency is a statutorily created regional transportation
planning agency under Section 29532.1 of the Government Code. As the
successor to SANDAG, the consolidated agency succeeds to, continues,
and maintains SANDAG's federal, state and local designations,
including, but not limited to, designation as the Metropolitan
Planning Organization, is the San Diego County Regional
Transportation Commission pursuant to Section 132005, is the
congestion management agency, and is the council of governments for
the San Diego region.
132351.4. (a) The consolidated agency shall have four standing
policy advisory committees named the executive, transportation,
regional planning, and borders committees. The responsibilities of
the committees shall be established by the board. Committee
membership may be expanded by the consolidated agency, and shall be
selected in accordance with a process established by the consolidated
agency. The membership shall be as follows:
(1) The executive committee shall consist of six voting members
with board members representing east county, north county coastal,
north county inland, south county, and the representative, or the
representative's alternate in their absence, from the City of San
Diego and the county. The chairperson of the consolidated agency
shall be one of the six voting members. The vice chairperson of the
consolidated agency shall be one of the six voting members if the
vice chairperson represents an area of the region that is different
from the area of the region represented by the chairperson, as those
areas are described in subdivisions (d) to (g), inclusive, of Section
132350.2.
(2) (A) The transportation committee shall consist of nine voting
members with board members or alternates representing east county,
north county coastal, north county inland, south county and the mayor
or a council member from the City of San Diego, a supervisor from
the County of San Diego, a member of the board of the MTDB appointed
by the board of the MTDB, a member of the board of the NCTD appointed
by the board of the NCTD, and a member of the San Diego County
Regional Airport Authority appointed by the airport authority.
(B) Among its transportation responsibilities, the transportation
committee shall provide a strong focus and commitment to meeting the
public transit needs of the San Diego region, set transit funding
criteria and recommend transit funding levels, and undertake transit
responsibilities resulting from consolidation, as delegated by the
board.
(3) The regional planning committee shall consist of six voting
members with board members or alternates representing east county,
north county coastal, north county inland, south county, and the
mayor or a council member from the City of San Diego, and a
supervisor from the County of San Diego.
(4) The borders committee shall consist of seven voting members
with board members or alternates representing east county, north
county coastal, north county inland, south county, the mayor or a
council member from the City of San Diego, a supervisor from the
County of San Diego, and a mayor, council member, or supervisor from
the County of Imperial.
(b) The board may appoint other standing and ad hoc working groups
to advise it in carrying out its responsibilities.
(c) No board member may serve as a member of more than two
standing policy advisory committees at any one time.
132351.5. (a) Each member of the consolidated agency, including
alternate members when serving in the absence of a regular member at
board meetings, and members, including alternates, of the policy
advisory committees of the consolidated agency, shall be compensated
as determined by the board, and for his or her necessary and
reasonable expenses in performing his or her duties as a consolidated
agency or policy advisory committee member.
(b) The chairperson shall receive additional monthly compensation
in an amount established from time to time by the board.
132351.6. District 11 of the Department of Transportation shall
coordinate with the consolidated agency on transportation planning
for all projects within the jurisdiction of the consolidated agency
in which the department and the consolidated agency have common
planning or programming responsibilities.
Article 3. Administration
132352. The consolidated agency may adopt bylaws and other rules
necessary to carry out its responsibilities.
132352.1. All meetings of the consolidated agency, including, but
not limited to, adjourned regular and special meetings of the board,
shall be called, noticed, held, and conducted in accordance with the
provisions of the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code). Ten members of the board shall constitute a quorum for
transaction of the business of the board.
132352.2. Acts of the board shall be expressed by motion,
resolution, or ordinance.
132352.3. The officers of the board are the chairperson and the
vice chairperson. The board may create additional officers and elect
members to those positions. However, no member may hold more than
one office. The term of office for the officers of the board shall
be established by the board.
132352.4. (a) The Legislature finds and declares that there is a
compelling interest in ensuring that all federal, state, local, and
private funds available to the consolidated agency are captured and
used in a timely manner. In order to maximize the use of federal,
state, local, and private funds and to maintain a competitive posture
in seeking supplemental federal funds, the consolidated agency shall
have the authority to establish and use a flexible contracting
process to maximize efficient use of public funds.
(b) The consolidated agency shall have the following powers with
regard to contracting:
(1) The consolidated agency may make contracts and enter into
stipulations of any nature whatsoever, either in connection with
eminent domain proceedings or otherwise, including, without limiting
the generality of the foregoing, contracts and stipulations to
indemnify and hold harmless, and to do all acts necessary for,
incidental to, or convenient for the full exercise of the powers
granted in this chapter.
(2) The consolidated agency may contract with any department or
agency of the United States or the State of California, local
governmental authorities within or outside of the region, including
those in Mexico, any city, county, public district, public
corporation, or joint powers authority formed pursuant to the
provisions of the Joint Exercise of Powers Act, Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the Government Code
upon those terms and conditions as the consolidated agency finds are
for the best interests of the consolidated agency.
(3) If the estimated total cost of any construction project or
public works project will exceed fifty thousand dollars ($50,000),
the consolidated agency shall solicit bids in writing and shall award
the work to the lowest responsible bidder or reject all bids. The
consolidated agency shall establish rules for procurement of
construction of public works projects.
(4) Notwithstanding any provision of the Public Contract Code or
any other provision of law, the consolidated agency may contract for
the construction of buildings, structures, roads, bridges, and
related facilities in accordance with Article 6.8 (commencing with
Section 20209.5) of Chapter 1 of Part 3 of Division 2 of the Public
Contract Code.
(5) Except in cases when an article of a specified brand or trade
name is the only article that will properly meet the needs of the
consolidated agency, all contracts for the acquisition or lease of
materials, supplies, or equipment in an amount of fifty thousand
dollars ($50,000) or a higher amount as may be authorized by the
board, shall be made or entered into with the lowest responsible
bidder meeting specifications. For purposes of determining the
lowest bid, the amount of sales tax shall be excluded from the total
amount of the bid.
(6) If the estimated total cost of required services exceeds one
hundred thousand dollars ($100,000), the services will not be
performed by an entity described in paragraph (2) of subdivision (b)
of Section 132352.4, and the services are not within the category of
services defined in Section 4525 of the Government Code, the
consolidated agency shall solicit bids in writing and shall award the
work in a competitive procurement process that is in the best
interest of the consolidated agency.
(7) Contracts for architectural, landscape architectural,
engineering, environmental, land surveying services, and construction
project management services in excess of fifty thousand dollars
($50,000) shall be let in accordance with the provisions of Chapter
10 (commencing with Section 4525) of Division 5 of Title 1 of the
Government Code.
(8) Notwithstanding any other provisions of this chapter, the
consolidated agency is authorized to use any procurement method
authorized for state or local agencies by state or federal law,
including, but not limited to, use of a competitive negotiation
process in accordance with the provisions of Article 7.5 (commencing
with Section 20216) of Chapter 1 of Part 3 of Division 2 of the
Public Contract Code. The consolidated agency shall maintain
acquisition and contracting guidelines to be followed by the
consolidated agency with respect to procurement of goods and
services. These guidelines may be in the form of standard formats or
model formats.
132352.5. (a) All of the privileges and immunities from
liability, exemptions from laws, ordinances and rules, all pension,
relief, disability, workers' compensation, and other benefits that
apply to the activity of officers, agents, or employees of a public
agency when performing their respective functions shall apply to
employees of the consolidated agency.
(b) All claims for money or damages against the consolidated
agency or its employees shall be governed by Part 1 (commencing with
Section 810), Part 2 (commencing with Section 814), Part 3
(commencing with Section 900), and Part 4 (commencing with Section
940) of Division 3.6 of Title 1 of the Government Code applicable to
public agencies and their employees, or by other statutes or
regulations expressly applicable thereto.
132352.6. (a) The consolidated agency shall submit a report to
the Governor and Legislature by December 31 of odd numbered years
beginning in 2005, regarding progress in carrying out the provisions
of this act.
(b) By December 31, 2004, the Legislative Analyst Office (LAO)
shall prepare a report to the Governor and the Legislature which
shall evaluate and make recommendations on the consolidated agency in
the following areas:
(1) The effectiveness of the current governance structure within
the region including, but not limited to, public participation,
accountability, proportional representation and to examine various
alternative governance structures.
(2) The effectiveness in addressing the transportation needs of
the region, including coordination and efficiences in transportation
planning and implementation as a result of the consolidation.
(3) The effectiveness of addressing quality of life indicators
including, but not limited to, land use patterns, a viable and
sustainable economy, affordable public transportation, affordable
housing, transportation mobility options, air and water quality, and
open space and natural habitat preservation, including, but not
limited to, the agency created by the act, the county board of
supervisors.
(4) The adequacy of the scope and authority for regional
decisionmaking.
(c) The consolidated agency shall pay for the costs of the study
which shall be capped at an amount not to exceed one hundred fifty
thousand dollars ($150,000).
Article 4. Consolidation
132353. Definitions. The following definitions contained in this
article shall govern the construction of this article.
(a) "Construction" shall mean the final design, permitting and
building of all transit projects including, but not limited to,
commuter and freight rail, light rail, general rail infrastructure,
regional bus facilities, paratransit, and other regional transit
projects. Construction shall exclude the Oceanside to Escondido Rail
Project and the Mission Valley East Extension Light Rail Project,
and other projects or those portions of projects which have a
construction contract in place at the time of the subsequent transfer
defined in Section 132353.2. The aforementioned construction
contracts may be assigned to the consolidated agency with mutual
agreement of the consolidated agency and the respective transit
board. Construction projects shall exclude local and minor
improvement projects as defined in the transition plan.
(b) "Planning" shall include, but not be limited to, conceptual
development of transit projects and services and integration and
coordination of all modes of transportation.
(c) "Programming" shall mean the, acquisition, prioritization and
allocation of funding of transit projects and services.
(d) "Project development" shall mean alternative analysis,
environmental review and clearance, preliminary engineering, and any
other activities necessary to prepare for the construction of a
transit project, as defined in the transition plans.
132353.1. Notwithstanding any other provision of law and except
as provided in this chapter, the San Diego Association of Governments
shall be consolidated into a public agency known as the consolidated
agency. In addition, upon adoption of the 2030 Regional
Transportation Plan by the consolidated agency, and not later than
July 1, 2003, all public transit and other transportation planning
and programming responsibilities, including, but not limited to,
short and near-term operational and financial planning and program
development of the San Diego Metropolitan Transit Development Board
(MTDB) and the North San Diego County Transit Development Board
(NCTD), except as set forth in subdivision (c) of Section 132353.2
shall be consolidated into the consolidated agency. This
consolidation shall be
referred to as the initial transfer. A transition plan for the
initial transfer of transit functions and responsibilities shall be
developed by February 28, 2003, by the consolidated agency in
consultation with the transit boards to ensure the efficient and
timely transfer of the transit boards' functions and
responsibilities. All local, state, federal, and other funding
available to carry out these responsibilities and those set forth in
Section 132353.2, upon any consolidation, shall be deemed to be
funding of the consolidated agency.
132353.2. (a) A transition plan for the transfer of project
development and construction responsibilities of the transit boards
and the financial resources therefore to the consolidated agency
shall be developed by the consolidated agency in consultation with
the transit boards to ensure the efficient and timely transfer of the
transit boards' project development and construction functions and
responsibilities to the consolidated agency no later than September
30, 2003. The transfer and consolidation of project development and
construction functions and responsibilities and the funding therefore
shall occur no later than January 30, 2004, and shall be referred to
as the subsequent transfer.
(b) The transition plans should define the functional roles and
responsibilities of the consolidated agency and the transit boards
and should define, in the applicable transition plan, service and
operational planning; programming; project development and
construction. The transition plans should acknowledge a strong
linkage between service planning and operations scheduling.
(c) Local route planning and scheduling and local financial
planning therefore, would continue to be the responsibility of the
transit boards in accordance with guidelines provided by the
consolidated agency. The initial transition plan would include the
development of guidelines, and would define local route planning.
(d) Notwithstanding the provisions of Section 132353.2, at any
time after the initial transfer, the consolidated agency may enter
into individual agreements with MTDB or NCTD for the transfer and
consolidation of any or all functions, personnel and funding of
either agency, except those functions set forth in Section 132354.5,
to the consolidated agency on such terms and conditions as may be
mutually agreed upon.
(e) MTDB and NCTD shall continue to be a claimant, applicant and
grantee of local, state and federal grants until the transfer and
consolidation of functions or responsibilities to the consolidated
agency pursuant to a transition plan at which time the consolidated
agency shall become the claimant, applicant and grantee for such
funds. Except for funds which are transferred to the consolidated
agency pursuant to a transition plan, MTDB and NCTD shall continue to
receive funding pursuant to Transportation Development Act Articles
4.0 and 4.5 and the State Transportation Assistance fund in
accordance with state law. Except for funds which are transferred to
the consolidated agency pursuant to a transition plan, MTDB and NCTD
shall continue to receive the Federal Section 5307 Urbanized Area
Formula funds pursuant to federal statute. These funds should be
allocated in a manner which will help to enable the transit boards to
meet their obligations and responsibilities recognizing the
methodology and historic funding levels that have previously guided
these funding decisions. The consolidated agency shall conduct
periodic review of the allocation and methodology for all
formula-based funding.
(f) The consolidated agency and MTDB and NCTD shall work together
to obtain funds for transit projects and services.
(g) It is the intent of the Legislature that future consolidation
of transit operations of MTDB and NCTD into the consolidated agency
should be comprehensively evaluated by the consolidated agency. Such
a consolidation shall be referred to as a complete consolidation and
shall be implemented only if it is considered to be appropriate by
the consolidated agency and approved by a statute enacted by the
Legislature.
132353.3. In the event of complete consolidation of MTDB with the
consolidated agency, any corporation that is a wholly owned
subsidiary of MTDB shall become a subsidiary of the consolidated
agency.
132353.4. Upon the transfer of responsibilities and obligations
from the consolidated entities into the consolidated agency, the
consolidated agency, shall by operation of law, and in accordance
with transition plans, succeed to all of the rights and obligations
of the consolidated entities, including MTDB and NCTD, which enable
the consolidated agency to perform the responsibility and obligations
transferred, as provided in this section. This shall include, but
not be limited to:
(a) The rights and property of the consolidated entities,
including MTDB and NCTD, pertaining to the responsibilities and
obligations transferred.
(b) The legally enforceable debts and liabilities of the
consolidated entities, including MTDB and NCTD, pertaining to the
responsibilities and obligations transferred in the same manner as if
the consolidated agency had itself incurred them.
(c) The rights of creditors and all liens upon the property of the
consolidated entities or of their responsibilities shall be
preserved unimpaired, limited in lien to the property affected by the
liens immediately prior to the transfer of related responsibilities
and obligations.
(d) An action or proceeding pending by or against a consolidated
entity, including MTDB and NCTD, may be prosecuted to judgment, and
the judgment shall be binding on the consolidated agency, or the
consolidated agency may be proceeded against or substituted in the
place of a consolidated entity, if the action or proceeding pertains
to a transferred responsibility or obligation.
(e) In order to protect the holders of outstanding, unmatured
bonds and other evidences of indebtedness of the consolidated
entities, including MTDB and NCTD pertaining to the responsibilities
and obligations transferred, the consolidated agency shall have the
power to take all actions and do all things necessary or required for
the protection of those holders and for compliance with the terms of
those bonds and other evidences of indebtedness. The consolidated
agency shall have the power to continue all services that the
consolidated entities, including MTDB and NCTD are furnishing
pertaining to the responsibilities and obligations transferred on the
date of the transfer.
Article 5. Powers and Functions
132354. The consolidated agency shall have and may exercise all
rights and powers, expressed or implied, that are necessary to carry
out the purposes and intent of this chapter, including, but not
limited to, the power to do all of the following:
(a) Sue and be sued.
(b) (1) To acquire any property by any means, and to hold, manage,
occupy, develop, jointly develop, dispose of, convey, or encumber
property.
(2) To create a leasehold interest in property for the benefit of
the consolidated agency.
(c) To acquire, by eminent domain, any property necessary to carry
out any of its powers or functions.
(d) To merge or split parcels, adjust boundary lines, or take
similar actions as part of the acquisition of land or as needed in
order to carry out its functions.
(e) To construct, acquire, develop, jointly develop, maintain,
operate, lease, and dispose of work, property, rights-of-way, and
facilities.
(f) To appoint necessary employees, including counsel, and to
define their qualifications and duties.
(g) To enter into and perform all necessary contracts.
(h) To fix and collect fees for any services rendered by it.
(i) To adopt a seal and alter it at the consolidated agency's
pleasure.
(j) To adopt an annual budget and to fix the compensation of its
officers, board members, and employees.
(k) To establish and enforce rules and regulations for the
administration, operation, and maintenance of facilities and
services.
(l) To enter joint powers arrangements with other entities.
(m) To provide insurance.
(n) To issue bonds.
(o) To do any other things necessary to carry out the purposes of
this chapter.
132354.1. The board shall arrange for a post audit of the
financial transactions and records of the consolidated agency to be
made at least annually by a certified public accountant.
132354.2. This chapter is necessary for the public health,
safety, and welfare, and shall be liberally construed to carry out
the objects and purposes of this chapter and the declared policy of
the state as set forth in this chapter.
132354.3. It is the intent of the Legislature that the federal
government, the state, and local agencies within the jurisdictional
area of the consolidated agency will participate in support of the
consolidated agency. It is further the intent of the Legislature
that financial support for the activities of the consolidated agency
will be made available from federal, state, and local sources
normally available for transportation and other planning purposes in
the region and for those functions consolidated within the
consolidated agency.
132354.4. The consolidated agency shall be excluded from the
requirements of a "local agency" set forth in Section 53091 of the
Government Code.
132354.5. Nothing in this chapter authorizes the consolidated
agency to operate public transit systems.
132354.6. Except as otherwise provided by law, the consolidated
agency shall not have any authority over local land use decisions
affecting permitting or zoning of public or private development
projects.
Article 6. Staffing, Labor, and Retirement Benefits
132355. Administrative authority for the consolidated agency
shall be vested in the office of the executive director, subject to
the direction and policies of the consolidated agency as approved by
the board. The executive director shall serve at the pleasure of the
board and may appoint employees as may be necessary to carry out the
functions of the consolidated agency.
132355.1. The employees of the consolidated entities affected by
this chapter shall become employees of the consolidated agency and
shall suffer no loss of employment or reduction in wages, health and
welfare and other benefits, seniority, retirement benefits or
contributions made to retirement plans, or any other term or
condition of employment as a result of the enactment of this chapter.
132355.2. (a) Upon succession of the consolidated agency under
Section 132351.3, and in accordance with Article 4 (commencing with
Section 132353), all affected employees of the consolidated entities
shall become employees of the consolidated agency at their existing
or substantially equivalent classifications, salaries, and benefits.
All consolidated entity employees who become employees of the
consolidated agency shall be given sick leave, seniority, and
vacation credits in accordance with the records of the consolidated
entity that previously employed them.
(b) On the effective date of succession of the consolidated
agency:
(1) Regular employees of the consolidated entities shall be deemed
qualified, and no other qualifications shall be required for
employment or retention by the consolidated agency.
(2) Probationary employees of consolidated entities shall retain
their probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
(c) Upon transfer of any public benefit corporation owned solely
by the MTDB pursuant to Section 132353.3, any reference to the board
or to the San Diego Metropolitan Transit Development Board in Article
1 (commencing with Section 120500), Article 2 (commencing with
Section 120520), and Article 3 (commencing with Section 120540) of
Chapter 5 of Division 11 shall be deemed to refer to the consolidated
agency.
132355.3. (a) Members and beneficiaries of any pension or
retirement system or other benefits established by the consolidated
entities shall continue to have comparable rights, privileges,
benefits, obligations, and status with respect to the established
systems.
(b) The consolidated agency and the Public Employees' Retirement
System (PERS) shall enter into an agreement to provide comparable
benefits to those persons who were employees, retirees, or
beneficiaries of the consolidated entities' pension and retirement
plans at the time of consolidation. Any expense related to this
agreement between the consolidated agency and PERS, including retiree
coverage, shall be borne by the consolidated agency. The agreement
shall be effective as of the date of succession by the consolidated
agency.
(c) Those retired employees of the consolidated entities,
including their eligible dependents, who are (1) retired on the
effective date of the succession; or (2) an eligible beneficiary of a
retired employee on the effective date of succession, and (3) who
were eligible for benefits through PERS as provided and paid for by a
consolidated entity, shall continue to be eligible for comparable
benefits, including health care insurance, under the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession. These benefits shall be provided at no
cost to the retired employee or eligible beneficiary, except for
normal copayments as otherwise provided for in the terms of the
contracts between the consolidated entities and PERS in effect on the
day prior to the succession.
(d) Allowances of persons retired from the consolidated entities
as of the consolidation date and their beneficiaries and of
beneficiaries of deceased members or retired persons who are
receiving allowances as of the succession date, shall be continued in
at least the amount provided under the contracts between the
consolidated entities and PERS in effect on the day prior to the
succession. The succession shall not affect the contribution rate of
any employee, retiree, or beneficiary or any retirement allowance or
other benefit based on service to a consolidated entity being paid
on the day prior to succession.
(e) Notwithstanding Section 20511 of the Government Code, time of
service by consolidated entity employees shall be credited as
services rendered for the consolidated agency for purposes of
calculating retirement benefits. The time of service by consolidated
entity employees shall create prior service liabilities against the
consolidated agency. Service rendered by consolidated entity
employees who become employees of the consolidated agency on the date
of succession shall be combined with service rendered by the
employee as an employee of the consolidated agency for purposes of
calculating retirement benefits. The consolidated agency's contract
with PERS shall contain a provision to bring this section into
effect.
132355.4. (a) Whenever a majority of the employees employed by
the consolidated agency in a unit appropriate for collective
bargaining indicate a desire to be represented by a labor
organization, and upon determining that the labor organization
represents at least a majority of the employees in the appropriate
unit, the determination of questions concerning employee
representation and the conduct of employee-employer relations for the
consolidated agency shall be governed by the Meyers-Milias-Brown Act
(Chapter 10 (commencing with Section 3500) of Division 4 of Title 1
of the Government Code).
(b) For the purposes of the wage orders of the Industrial Welfare
Commission, the consolidated agency shall be considered a special
district.
Article 7. Voter Approval
132632. In addition to the authority set forth in Article 5
(commencing with Section 132300) and Article 6 (commencing with
Section 132320) of Chapter 2 of Division 12.7, if the consolidated
agency provides compensation to San Diego County for the cost of
including an ordinance or measure on the ballot, the consolidated
agency may call an election, including an advisory election, in San
Diego County on any ordinance or measure regarding the governance of
or matters related to the powers, privileges, or duties of the
consolidated agency, including, but not limited to, merger or
complete consolidation of the transit boards.
132634. The county shall conduct an election, including an
advisory election, called by the consolidated agency in the same
manner as provided by law for the conduct of elections by a county.
Article 8. Bonds, Equipment, and Leases
132370. The consolidated agency may issue bonds, payable from
revenue of any facility or enterprise to be acquired or constructed
by the consolidated agency, in the manner provided by the Revenue
Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1
of Division 2 of Title 5 of the Government Code), and all of the
provisions of that law are applicable to the consolidated agency.
132370.1. (a) The consolidated agency may issue revenue bonds
under the Revenue Bond Law of 1941 for any one or more transit
facilities authorized to be acquired, constructed, or completed by
the consolidated agency or for transit equipment described in Section
132372 below authorized to be acquired by the consolidated agency
or, in the alternative, the consolidated agency may issue revenue
bonds under the Revenue Bond Law of 1941 for the acquisition,
construction, and completion of any one of those transit facilities
or for transit equipment described in Section 132372 below authorized
to be acquired by the consolidated agency.
(b) Nothing in this article prohibits the consolidated agency from
availing itself of, or making use of, any procedure provided in this
chapter for the issuance of bonds of any type or character for any
of the transit facilities authorized hereunder, and all proceedings
may be carried on simultaneously or, in the alternative, as the
consolidated agency may determine.
(c) Article 3 (commencing with Section 54380) of Chapter 6 of Part
1 of Division 2 of Title 5 of the Government Code does not apply to
the issuance and sale of bonds pursuant to this chapter and the
consolidated agency shall authorize the issuance of such bonds by
resolution of its governing board.
132370.2. The Improvement Act of 1911 (Division 7 (commencing
with Section 5000) of the Streets and Highways Code), the Improvement
Bond Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), and the Municipal Improvement Act of 1913
(Division 12 (commencing with Section 10000) of the Streets and
Highways Code), are applicable to the consolidated agency.
132370.3. Chapter 1 (commencing with Section 99000) of Part 11 of
Division 10 of the Public Utilities Code is applicable to the
consolidated agency.
132370.4. The consolidated agency shall be considered to be a
"local agency" as defined in subdivision (h) of Section 53317 of the
Government Code and the provisions of Chapter 2.5 (commencing with
Section 53311) of Part 1 of Division 2 of Title 5 of the Government
Code are applicable to the consolidated agency.
132370.5. The consolidated agency shall be considered to be a
"local agency" as defined in subdivision (f) of Section 6585 of the
Government Code and the provisions of Article 4 of Chapter 5 of
Division 7 of Title 1 of the Government Code are applicable to the
consolidated agency.
132370.6. The consolidated agency may borrow money in accordance
with Article 7 (commencing with Section 53820), Article 7.6
(commencing with Section 53580), or Article 7.7 (commencing with
Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code.
132370.7. (a) The consolidated agency may borrow money in
anticipation of the sale of bonds which have been authorized to be
issued, but which have not been sold and delivered, and may issue
negotiable bond anticipation notes therefor and may renew the bond
anticipation notes from time to time, but the maximum maturity of any
bond application notes, including the renewals thereof, shall not
exceed five years from the date of delivery of the original bond
anticipation notes.
(b) The bond anticipation notes may be paid from any money of the
consolidated agency available therefor and not otherwise pledged. If
not previously otherwise paid, the bond anticipation notes shall be
paid from the proceeds of the next sale of the bonds of the
consolidated agency in anticipation of which they were issued. The
bond anticipation notes shall not be issued in any amount in excess
of the aggregate amount of bonds which the consolidated agency has
not been authorized to issue, less the amount of any bonds of the
authorized issue previously sold, and also less the amount of other
bond anticipation notes therefor issued and then outstanding.
(c) The bond anticipation notes shall be issued and sold in the
same manner as the bonds. The bond anticipation notes and the
resolution or resolutions authorizing them may contain any
provisions, conditions, or limitations which a resolution of the
consolidated agency authorizing the issuance of bonds may contain.
132370.8. The consolidated agency may bring an action to
determine the validity of any of its bonds, equipment trust
certificates, warrants, notes, or other evidences of indebtedness
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure.
132370.9. All bonds and other evidences of indebtedness issued by
the consolidated agency under this chapter, and the interest
thereon, are free and exempt from all taxation within the state,
except for transfer, franchise, inheritance and estate taxes.
132370.10. (a) Notwithstanding any other provisions of this
article or any other law, the provisions of all ordinances,
resolutions, and other proceedings in the issuance by the
consolidated agency of any bonds, bonds with a pledge of revenues,
bonds for any and all evidences of indebtedness or liability
constitute a contract between the consolidated agency and the holders
of the bonds, equipment trust certificates, notes, or evidences of
indebtedness or liability, and the provisions thereof are enforceable
against the consolidated agency or any or all of its successors or
assigns, by mandamus or any other appropriate suit, action,
proceeding in law or in equity in any court of competent
jurisdiction.
(b) Nothing in this article or in any other law shall be held to
relieve the consolidated agency or the territory included within it
from any bonded or other debt or liability contracted by the
consolidated agency. Upon dissolution of the consolidated agency or
upon withdrawal of territory therefrom, that territory formerly
included within the consolidated agency, or withdrawn therefrom,
shall continue to be liable for the payment of all bonded and other
indebtedness or liabilities outstanding at the time of the
dissolution or withdrawal as if the consolidated agency had not been
so dissolved or the territory withdrawn therefrom, and it shall be
the duty of the successors or assigns to provide for the payment of
the bonded and other indebtedness and liabilities.
(c) Except as may be otherwise provided in the proceedings for the
authorization, issuance, and sale of any revenue bonds, bonds
secured by a pledge of revenues, or bonds for improvement districts
secured by a pledge of revenues, revenues of any kind or nature
derived from any revenue-producing improvements, works, facilities,
or property owned, operated, or controlled by the consolidated agency
shall be pledged, charged, assigned, and have a lien thereon for the
payment of the bonds as long as they are outstanding, regardless of
any changes in ownership, operation, or control of the
revenue-producing improvements, works, facilities or property and it
shall, in any later event or events, be the duty of the successors or
assigns to continue to maintain and operate the revenue-producing
improvements, works, facilities, and property as long as bonds are
outstanding.
132372. (a) The consolidated agency may purchase transit
equipment such as cars, trolley buses, motorbuses, light rail
vehicles, or rolling equipment, and may execute agreements, leases,
and equipment trust certificates in the forms customarily used by
private corporations engaged in the transit business appropriate to
effect the purchase and leasing of transit equipment, and may dispose
of the equipment trust certificates upon the terms and conditions
that the consolidated agency may deem appropriate.
(b) Payment for transit equipment, or rentals therefor, may be
made in installments, and the deferred installments may be evidenced
by equipment trust certificates that are or will be legally available
to the consolidated agency. Title to the equipment shall not vest
in the consolidated agency until the equipment trust certificates are
paid.
132372.1. The agreement to purchase or lease transit equipment
may direct the vendor or lessor to sell and assign or lease the
transit equipment to a bank or trust company duly authorized to
transact business in the state as trustee for the benefit and
security of the equipment trust certificates, and may direct the
trustee to deliver the transit equipment to one or more designated
officers of the consolidated agency and may authorize the
consolidated agency to simultaneously therewith execute and deliver
an installment purchase agreement or a lease of such equipment to the
consolidated agency.
132372.2. (a) The agreements and leases shall be duly
acknowledged before a person authorized by law to take
acknowledgments of deeds and in the form required for acknowledgment
of deeds.
(b) The agreements, leases and equipment trust certificates shall
be authorized by resolution of the consolidated agency and shall
contain covenants, conditions, and provisions which may be deemed
necessary or appropriate to ensure the payment of the equipment trust
certificates from such legally available source or sources of funds
as may be specified in the certificates.
132372.3. The covenants, conditions, and provisions of the
agreements, leases and equipment trust certificates shall not
conflict with any of the provisions of any trust agreement or similar
document securing the payment of bonds, notes, or certificates of
the consolidated agency.
132372.4. (a) An executed copy of each agreement and lease shall
be filed in the office of the Secretary of State, who shall be
entitled to receive one dollar ($1) for each copy filed.
(b) The filing constitutes notice to any subsequent
judgment creditor or any subsequent purchaser.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.