PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000. - 100619.]
Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5.
§§ 100000–100619 · 165 sections
CHAPTER 1. Title of Act and Policy §§ 100000–100002 · 4 sections
- § 100000 This part shall be known and may be cited as the “Santa Clara Valley Transportation Authority Act.”
- § 100001 It is necessary that a transit district be established in the County of Santa Clara in order to meet the public transit problems of that county. Because there…
- § 100001.5 The Legislature hereby finds and declares: (a) Since the formation of the Santa Clara Valley Transportation Authority, unprecedented growth has occurred in the…
- § 100002 The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority. Any reference in this part, or in any other provision of…
CHAPTER 2. Definitions §§ 100010–100022 · 14 sections
- § 100010 Unless the context otherwise requires, the provisions of this chapter govern the construction of this part.
- § 100011 “VTA” means the Santa Clara Valley Transportation Authority.
- § 100012 “Transit” means the transportation of passengers and their incidental baggage by any means, and includes rapid transit.
- § 100013 “Transit works” or “transit facilities” means any or all real and personal property, equipment, rights, or interests owned or to be acquired by the VTA for…
- § 100014 “Board of directors” and “board” means the board of directors of the VTA.
- § 100014.1 “Director” means a member of the board of directors of the VTA.
- § 100015 “County” means the County of Santa Clara.
- § 100016 “Public agency” includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or…
- § 100017 “System” means all transit works and transit facilities owned or held or to be owned or held by the VTA for transit purposes.
- § 100018 “Revenues” means all rates, fares, tolls, rentals, or other income and revenue actually received or receivable by or for the account of the VTA from the…
- § 100019 “Person” includes any individual, firm, copartnership, association, corporation, trust, limited liability company, business trust or receiver or trustee or…
- § 100020 “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance and operation of any existing…
- § 100021 “Existing system” means any transit service or system of a publicly or privately owned public utility or division thereof operating entirely within Santa Clara…
- § 100022 “Transportation works” or “transportation facilities” means any or all real and personal property, rights, or interests owned or to be acquired by the VTA to…
CHAPTER 3. Formation of District §§ 100030–100031 · 2 sections
ARTICLE 1. General Provisions §§ 100030–100031 · 2 sections
CHAPTER 3.5. Existing Systems §§ 100055–100055.4 · 5 sections
- § 100055 Notwithstanding any other provision of this act, before the VTA may establish any transit service or system that may at any time divert, lessen, or compete for…
- § 100055.1 The VTA shall not establish the proposed service or system, or maintain and operate the service or system until it has completed the purchase of the existing…
- § 100055.2 Subject to Section 100351, the purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new,…
- § 100055.3 The VTA and public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be established by…
- § 100055.4 Section 851 does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this chapter, and the Public Utilities…
CHAPTER 4. Government of VTA §§ 100060–100100 · 13 sections
ARTICLE 1. Board of Directors §§ 100060–100063 · 6 sections
- § 100060 (a) The government of the VTA shall be vested in a board of directors which shall consist of 12 members, as follows: (1) Two representatives of the county and…
- § 100060.2 Except as otherwise provided, the term of office for each director shall be two years and until the appointment and qualification of his or her successor. A…
- § 100061 The board of directors shall annually elect a chairperson who shall preside at all meetings. The board of directors shall also annually elect a vice…
- § 100062 The board shall establish rules for its proceedings. A majority of the members of the board shall constitute a quorum for the transaction of business and no…
- § 100062.1 (a) No ordinance, except an urgency ordinance, shall be passed by the board on the day of its introduction, nor within three days thereafter, nor at any time…
- § 100063 The board may fix the amount of compensation to be paid each member of the board for services and for each meeting attended by the member. The compensation…
ARTICLE 2. Powers and Duties of Board of Directors §§ 100070–100071 · 2 sections
ARTICLE 3. Advisory Commission §§ 100080–100082 · 2 sections
ARTICLE 4. Officers §§ 100090–100091 · 2 sections
- § 100090 The officers of the VTA shall consist of the members of the board of directors, the chairperson and vice chairperson of the board, a secretary, a general…
- § 100091 The secretary and those assistants that the board designates may administer all oaths or affirmations required by law, including the oath of office.
ARTICLE 5. General Manager § 100100 · 1 section
- § 100100 The power and duties of the general manager are all of the following: (a) To head the administrative branch of the VTA and to be responsible to the board of…
CHAPTER 5. Powers and Functions of VTA §§ 100110–100256 · 51 sections
ARTICLE 1. Corporate Power §§ 100110–100115.5 · 7 sections
- § 100110 The VTA has perpetual succession and may adopt a seal and alter it at its pleasure.
- § 100111 The VTA may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 100112 All claims for money or damages against the VTA are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided…
- § 100113 (a) The VTA shall not levy any tax pursuant to Section 100250 unless approved by the electors voting on the measure in accordance with Article XIIIC of the…
- § 100114 Except as otherwise provided in this part, VTA elections shall be called, held, and conducted as provided by the Uniform District Election Law.
- § 100115 The VTA may exercise any and all powers granted by any other law that, by its terms, is applicable to transit districts generally, to public agencies…
- § 100115.5 (a) The VTA may administer and implement any adopted countywide transportation expenditure plan funded in an amount greater than 50 percent from revenues…
ARTICLE 2. Contracts §§ 100120–100126 · 5 sections
- § 100120 The VTA may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including,…
- § 100121 The VTA may contract with any department or agency of the United States of America, with any public agency or with any person upon terms and conditions as the…
- § 100124 The VTA may insure against any accident or destruction of the system or any part thereof. The VTA may insure against loss of revenues from any cause…
- § 100125 The VTA may contract for the services of independent contractors.
- § 100126 The Santa Clara County Transit District, which was established with the approval of the voters in 1972, shall continue as an entity under the control of its…
ARTICLE 3. Property §§ 100130–100133 · 5 sections
- § 100130 The VTA may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and…
- § 100130.5 (a) The VTA may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or…
- § 100131 (a) The VTA may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The VTA,…
- § 100132 The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property…
- § 100133 The VTA is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or…
ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts §§ 100150–100156 · 7 sections
- § 100150 For purposes of this article, the following terms shall have the following meanings: (a) “Construction Manager/General Contractor method” or “CMGC” means the…
- § 100151 (a) Subject to the limitations of this article, the authority may utilize the CMGC project delivery method for public transit projects within its jurisdiction.…
- § 100152 Any public works project that is contracted for pursuant to this article shall be subject to the requirements of Section 1771.4 of the Labor Code.
- § 100153 (a) If a contract for CMGC services is entered into pursuant to this article and includes preconstruction services by the construction manager, the VTA shall…
- § 100154 Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
- § 100155 (a) Upon completion of a project using the CMGC project delivery method, the VTA shall prepare a progress report to the board of directors. The progress report…
- § 100156 (a) The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 4.5. Job Order Contracting §§ 100157–100157.9 · 4 sections
- § 100157 For purposes of this article, the following definitions apply: (a) “Job order contract” means an indefinite-quantity contract for repair, remodeling, or other…
- § 100157.5 (a) The VTA may enter into a job order contract. (b) The VTA shall not enter into a job order contract for work that is protected by collective bargaining…
- § 100157.7 (a) (1) If the VTA acts pursuant to the authorization in subdivision (a) of Section 100157.5, then the VTA, on or before January 1, 2027, shall submit to the…
- § 100157.9 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
ARTICLE 5. Transit Facilities and Service §§ 100160–100169 · 14 sections
- § 100160 The VTA may provide transit service for the transportation of passengers and their incidental baggage by any means.
- § 100160.1 The VTA may provide facilities, including streets and highways, for the movement of vehicles, bicycles, and pedestrians. All installations in state highways…
- § 100160.2 The VTA may enter into agreements with any city within the boundaries of the VTA or with the County of Santa Clara to improve a street, road, highway, or…
- § 100160.5 The VTA may operate charter bus service subject to the following limitations: (a) No bus equipment that is designed solely for charter service shall be…
- § 100160.6 (a) Notwithstanding Section 100160.5 or any other law, a district may provide charter bus service for the 2026 FIFA World Cup during the period from June 1,…
- § 100161 (a) The VTA may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any…
- § 100162 The VTA may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by an operator upon…
- § 100163 The board may contract with any public agency or person to provide transit or transportation facilities and services for the VTA.
- § 100164 (a) The VTA may construct and operate or acquire and operate transit works and facilities and may construct, acquire, and provide for repair and maintenance of…
- § 100165 The VTA may enter into agreements for the joint use of any property and rights by the VTA and any public agency or public utility operating transit facilities;…
- § 100166 The rates and charges, if any, for transit service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
- § 100167 The VTA shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to operation of buses and to the…
- § 100168 The VTA shall be subject to the regulations of the Public Utilities Commission relating to safety appliances and procedures, and the commission shall inspect…
- § 100169 The VTA and any one or more school districts located within its boundaries may enter into agreements pursuant to which school transportation equipment may be…
ARTICLE 6. Public Grants, Loans and Contributions §§ 100170–100171 · 2 sections
- § 100170 The VTA may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions, grants, or loans from any public…
- § 100171 The VTA may obtain temporary transfers of funds in accordance with the last paragraph of Section 6 of Article XVI of the California Constitution.
ARTICLE 9. Retail Transaction and Use Tax §§ 100250–100256 · 7 sections
- § 100250 A retail transactions and use tax ordinance may be adopted by the board of directors in accordance with the provisions of Part 1.6 (commencing with Section…
- § 100251 Any transactions and use tax ordinance adopted shall be operative in accordance with Section 7265 of the Revenue and Taxation Code.
- § 100252 The VTA may contract with the State Board of Equalization for its service in the preparations necessary to administer a transaction and use tax ordinance. The…
- § 100253 Prior to the operative date of the transaction and use tax ordinance, the VTA shall contract with the State Board of Equalization to perform all functions…
- § 100254 If the VTA shall not have contracted with the State Board of Equalization prior to the operative date of its transaction and use tax ordinance, it shall…
- § 100255 Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the…
- § 100256 Whenever a bond election is held to authorize a bonded indebtedness pursuant to Section 100400, the ordinance calling the election may include a statement that…
CHAPTER 6. Personnel §§ 100300–100381 · 19 sections
ARTICLE 1. Employee Relations §§ 100300–100312 · 12 sections
- § 100300 Employees shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own…
- § 100301 Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be…
- § 100302 Whenever a majority of the employees employed by the VTA in a unit appropriate for collective bargaining indicate a desire to be represented by a labor…
- § 100303 (a) A contract or agreement shall not be made with any labor organization, association, group, or individual that denies membership on any basis listed in…
- § 100304 If, after a reasonable period of time, representatives of the VTA and the accredited representatives of the employees fail to reach agreement on the terms of a…
- § 100305 If, after a reasonable period of time, representatives of the VTA and the accredited representatives of the employees fail to reach agreement either on the…
- § 100307 (a) Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code is not applicable to the VTA. (b) The amendments to this section…
- § 100308 County employees and employees of the Santa Clara County Congestion Management Agency who, on a date or dates determined by the board of directors, terminate…
- § 100309 (a) It is a primary purpose of this article to promote the improvement of personnel management and employer-employee relations within the VTA by providing a…
- § 100310 (a) This article shall not displace or supplant the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code,…
- § 100311 The VTA shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of…
- § 100312 (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case,…
ARTICLE 2. Rights of Employees of Existing Facilities §§ 100350–100351 · 2 sections
- § 100350 (a) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the…
- § 100351 Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a…
ARTICLE 3. Pension Plan §§ 100370–100372 · 3 sections
- § 100370 The board may establish a retirement system for the officers and employees of the VTA and provide for the payment of annuities, pensions, retirement…
- § 100371 The board may contract with the board of administration of the Public Employees’ Retirement System and enter all or any portion of its employees under that…
- § 100372 All persons receiving pension benefits from an acquired public utility and all persons entitled to pension benefits under any pension plan of the acquired…
ARTICLE 4. Other Benefits §§ 100380–100381 · 2 sections
- § 100380 The VTA shall take the steps as may be necessary to obtain coverage for the VTA and its employees under Title 2 of the Federal Social Security Act, as amended,…
- § 100381 The VTA shall take the steps as may be necessary to obtain coverage for the VTA and its employees under the workers’ compensation, unemployment compensation…
CHAPTER 7. Bonds and Other Evidences of Indebtedness §§ 100400–100492 · 27 sections
ARTICLE 1. Authorization and Issuance of General Obligation Bonds §§ 100400–100413 · 14 sections
- § 100400 Whenever the board deems it necessary for the VTA to incur a bonded indebtedness for the acquisition, construction, or repair of any or all improvements,…
- § 100401 Notice of holding of the election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least…
- § 100402 If any proposition is defeated by the electors, the board shall not call another election on a substantially similar proposition to be held within six months…
- § 100403 If a majority of the electors voting on the proposition vote for it, then the board may, by resolution, at a time or times as it deems proper, issue bonds of…
- § 100404 The bonds shall bear interest at a rate or rates not exceeding 7 percent per annum, payable semiannually, except that the first interest payable on the bonds…
- § 100405 The bonds may be sold as the board determines by resolution but for not less than par. Before selling the bonds, or any part thereof, the board shall give…
- § 100406 Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
- § 100407 All accrued interest and premiums received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the…
- § 100408 After the expiration of three years after a bond election the board may determine, by ordinance adopted by a vote of two-thirds of all the members of the…
- § 100409 Whenever the board deems that the expenditure of money for the purposes for which the bonds were authorized by the voters is impractical or unwise, it may, by…
- § 100410 The board may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the VTA upon the terms, at the times, and…
- § 100411 The provisions of Article 4 (commencing with Section 53500) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the VTA.
- § 100412 Any bonds which shall be issued under the provisions of this article shall be legal investment for all trust funds; for the funds of insurance companies,…
- § 100413 If bonds are authorized that contain a provision for special taxes under subdivision (i) of Section 100400, the board may enter into such convenants as may be…
ARTICLE 2. Revenue Bonds §§ 100450–100451 · 2 sections
- § 100450 The VTA may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the VTA, in the manner provided by the Revenue…
- § 100451 The VTA is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of…
ARTICLE 3. Equipment Trust Certificates §§ 100460–100463 · 4 sections
- § 100460 The VTA shall have power to purchase transit equipment such as cars, trolley buses, and motor buses, or rolling equipment; and may execute agreements, leases,…
- § 100461 The agreement to purchase or lease may direct the vendor or lessor to sell and assign or lease the rolling equipment to a bank or trust company duly authorized…
- § 100462 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…
- § 100463 The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any…
ARTICLE 4. Improvement Acts and Special Benefit Districts §§ 100470–100471 · 2 sections
ARTICLE 5. Temporary Borrowing §§ 100482–100483 · 2 sections
- § 100482 The VTA may borrow money in accordance with the provisions of Article 7 (commencing with Section 53820), or of Article 7.6 (commencing with Section 53850) of…
- § 100483 The VTA may borrow money in anticipation of the sale of bonds that have been authorized to be issued, but have not been sold and delivered, and may issue…
ARTICLE 6. Miscellaneous §§ 100490–100492 · 3 sections
- § 100490 The VTA may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness…
- § 100491 All bonds and other evidences of indebtedness issued by the VTA under the provisions of this part, and the interest thereon, are free and exempt from all…
- § 100492 Notwithstanding any other provisions of this part or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the…
CHAPTER 8. Dissolution § 100500 · 1 section
- § 100500 The VTA may be dissolved pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of…
CHAPTER 9. Benefit Assessment Districts §§ 100600–100619 · 29 sections
- § 100600 The Legislature finds and declares that: (a) It is necessary and in the best interest of the citizens of the state to authorize the VTA to levy special benefit…
- § 100601 (a) Whenever the board finds that property adjacent to, or in the vicinity of, one or more rail transit stations, or proposed rail transit stations, of the VTA…
- § 100601.5 (a) The resolution shall state, as appropriate, the maximum and minimum rate of assessment, the amount of the special benefit assessment and the purposes for…
- § 100602 (a) In determining the amount of a special benefit assessment, the board shall measure the benefit to real property in the benefit district or zones therein…
- § 100602.4 (a) Where any parcel in the benefit district is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of that parcel may…
- § 100602.8 If there is no majority protest to the imposition of an assessment, the board may levy the assessment in accordance with the resolution adopted pursuant to…
- § 100602.9 (a) Any owner or owners of real property, which is, in whole or in part, within the benefit district, or their legal representatives, may jointly or severally…
- § 100602.10 Notice of each hearing upon the petition for exclusion or reduction shall be given in accordance with subdivision (d) of Section 100601. Notice shall also be…
- § 100602.11 At the time and place provided in the notice or at any time and place to which the hearing is adjourned, the board or its appointed hearing officer shall hear…
- § 100602.12 The expenses of giving the notice provided for herein and of the hearing on the exclusion or reduction petition shall be paid by the persons filing the…
- § 100602.13 Upon the hearing on an exclusion or reduction petition by the board, or upon the record of hearing by a hearing officer, the board shall order the petition be…
- § 100602.14 The board, after the hearing on an exclusion or reduction petition, shall order one of the following by resolution: (a) In the case of an exclusion petition,…
- § 100603 (a) Following formation of the benefit district or concurrently therewith, if the board deems it necessary to incur a bonded indebtedness for the acquisition,…
- § 100604 At the time and place fixed for the hearing on the issuance of bonds payable from special benefit assessments levied under this chapter, or at any time and…
- § 100605 (a) Special benefit assessments for the payment of the principal of, and interest on, bonds issued for a benefit district or zone shall be levied in the…
- § 100606 (a) The bonds issued pursuant to this chapter shall bear interest at a rate or rates not exceeding 12 percent per annum, payable semiannually, except that the…
- § 100607 The bonds issued pursuant to this chapter may be sold as the board determines by resolution. The board may sell the bonds at a price below par. If the board…
- § 100608 Delivery of any bonds issued under this chapter may be made at any place either inside or outside the state, and the purchase price may be received in cash or…
- § 100609 (a) All accrued interest and premiums received on the sale of bonds issued by the VTA pursuant to this chapter shall be placed in the fund to be used for the…
- § 100610 (a) The board may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the VTA under this chapter upon the…
- § 100611 Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust…
- § 100612 The board may change the purposes for which any proposed debt is to be incurred, the estimated cost, the amount of bonded debt to be incurred, or the…
- § 100613 (a) The board shall not change the purposes, the estimated cost, the boundaries of the benefit district or zones, if any, therein, or the amount of bonded debt…
- § 100614 At the time and place fixed for a hearing on changes, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. At…
- § 100615 All decisions and determinations of the board, upon notice and hearing, are final and conclusive upon all persons entitled to appeal to the board as to all…
- § 100616 Any action or proceeding which contests, questions, or denies the validity or legality of the formation of any benefit district or zone, the issuance of any…
- § 100617 When the board has imposed a special benefit assessment, the secretary shall so certify to the assessor of the county in which the territory of any benefit…
- § 100618 In the event of conflict with any other law, the provisions of this chapter shall prevail with respect to benefit districts within the boundaries of the VTA.
- § 100619 Notwithstanding any other provision of this chapter, the VTA shall not pledge any portion of its general fund revenues to pay any part of any bonded…