DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000. - 132661.]
Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162.
§§ 132000–132661 · 142 sections
CHAPTER 2. San Diego County Regional Transportation Commission §§ 132000–132334 · 49 sections
ARTICLE 1. General Provisions, Findings, and Definitions §§ 132000–132006 · 7 sections
- § 132000 This chapter shall be known and may be cited as the San Diego County Regional Transportation Commission Act.
- § 132001 The Legislature hereby finds and declares all of the following: (a) Recognizing the scarcity of resources available for all transportation development,…
- § 132002 “Bonds” means indebtedness and securities of any kind or class, including bonds, notes, bond anticipation notes, and commercial paper.
- § 132003 “Commission” means the San Diego County Regional Transportation Commission created pursuant to this chapter in the County of San Diego.
- § 132004 “County” means the County of San Diego.
- § 132005 “San Diego Association of Governments” means the joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1…
- § 132006 “Transit development boards” means the San Diego Metropolitan Transit Development Board and the North San Diego County Transit Development Board.
ARTICLE 2. Creation of the Commission §§ 132050–132053 · 4 sections
- § 132050 There is hereby created the San Diego County Regional Transportation Commission in the county.
- § 132051 The Board of Directors of the San Diego Association of Governments shall serve as the San Diego County Regional Transportation Commission.
- § 132052 The commission shall not hire a staff, but shall use the staff of the San Diego Association of Governments and shall compensate the San Diego Association of…
- § 132053 On and after a transactions and use tax is imposed pursuant to Article 5 (commencing with Section 132300), the commission may authorize payment from the…
ARTICLE 3. Administration §§ 132100–132106 · 7 sections
- § 132100 The joint powers agreement, bylaws, and all rules and regulations of the San Diego Association of Governments shall be the established rules for the…
- § 132101 Meetings of the commission shall be held at least annually and as often as determined necessary by the commission.
- § 132102 The acts of the commission shall be expressed by motion, resolution, or ordinance.
- § 132103 The commission shall expend only that amount of the funds generated pursuant to this chapter for staff support, audit, administrative expenses, and contract…
- § 132104 The commission shall do all of the following: (a) Adopt an annual budget. (b) Cause a postaudit of the financial transactions and records of the commission and…
- § 132105 (a) The commission shall publish, pursuant to Section 6061 of the Government Code, notice of the time and place of the public hearing for the adoption of the…
- § 132106 The initial meeting of the commission shall be held in the City of San Diego when called by the Board of Directors of the San Diego Association of Governments…
ARTICLE 4. Powers and Functions §§ 132200–132205 · 6 sections
- § 132200 The commission may adopt a seal and alter it at its pleasure.
- § 132201 The commission may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all court and tribunals of competent jurisdiction.
- § 132202 All claims for money or damages against the commission are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as…
- § 132203 The commission may make contracts and enter into stipulations of any nature whatsoever, including, but not limited to, contracts and stipulations to indemnify…
- § 132204 The commission may contract with any department or agency of the United States of America, with any public agency, including, but not limited to, the…
- § 132205 The commission may provide and maintain, by contract with a public agency or by other means, a security force to enforce its regulations, preserve and protect…
ARTICLE 5. Transactions and Use Tax §§ 132300–132314 · 16 sections
- § 132300 The Legislature, by the enactment of this article, intends the additional funds provided government agencies by this article to supplement existing local…
- § 132301 (a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory of the county…
- § 132302 The commission, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue…
- § 132303 (a) The county shall conduct an election called by the commission pursuant to Section 132301. (b) The election shall be called and conducted in the same manner…
- § 132304 (a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more…
- § 132305 The revenues from the taxes imposed pursuant to this article may be allocated by the commission for public transportation purposes consistent with the adopted…
- § 132306 If taxes are imposed pursuant to this article for expenditure for public transit purposes, the commission shall allocate revenues derived therefrom to the…
- § 132307 (a) The commission, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of 1…
- § 132308 The commission may reduce a tax rate to percentages lower than that approved by the voters and may further provide for an increase of the tax rate if it has…
- § 132309 (a) The commission, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, shall seek authorization to issue bonds…
- § 132310 (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued by the commission at any time, and…
- § 132310.5 The commission may provide for the bonds to bear a variable interest rate, for the manner and intervals in which the rate shall vary, and for the dates on…
- § 132311 Limited tax bonds shall be issued pursuant to a resolution adopted at any time, and from time to time, by the commission by a two-thirds vote of all members of…
- § 132312 Any bonds issued pursuant to this article are a legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and…
- § 132313 Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of…
- § 132314 The commission has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this chapter.
ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax §§ 132320–132334 · 9 sections
- § 132320 For the purposes of this article, the following terms have the following meanings: (a) To “expand” the transactions and use tax means to expand the purposes…
- § 132321 (a) The commission may, upon terms, standards, and conditions approved by the commission, transfer environmental mitigation or conservation property to a…
- § 132322 (a) An ordinance expanding, extending, or increasing the retail transactions and use tax imposed under this chapter shall be imposed by the commission and…
- § 132324 (a) In the ordinance, the commission shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, and the purposes for which the…
- § 132326 (a) The county shall conduct an election called by the commission pursuant to Section 132322. (b) The election shall be called and conducted in the same manner…
- § 132328 (a) Any ordinance extending or expanding, or both, the transactions and use tax shall be operative on the day immediately following the day of the election at…
- § 132330 Any action or proceeding wherein the validity of the adoption of the extension, expansion, or increase of the retail transactions and use tax, or the issuance…
- § 132332 The commission has no power to extend, expand, or increase any tax other than the transactions and use tax extended, expanded, or increased upon approval of…
- § 132334 All provisions of Article 5 (commencing with Section 132300) relating to allocation of revenues, tax rates, and bonds apply to the expanded, extended, or…
CHAPTER 3. Transportation Consolidation For San Diego §§ 132350–132372.4 · 63 sections
ARTICLE 1. General Provisions, Findings, and Definitions §§ 132350–132350.2 · 3 sections
- § 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…
- § 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…
- § 132350.2 For purposes of this chapter, the definitions contained in this section have the following meanings: (a) “Consolidated agency” means the authority resulting…
ARTICLE 2. Organization and Governance §§ 132351–132351.6 · 7 sections
- § 132351 The consolidation of SANDAG and the transit boards will consolidate responsibilities under the organization and governance structure and with the powers,…
- § 132351.1 (a) A board of directors consisting of 21 members shall govern the consolidated agency. (b) For purposes of this chapter, “governing body” means the board of…
- § 132351.2 (a) A majority of the member agencies constitute a quorum for the transaction of business. In order to act on any item, the affirmative vote of the majority of…
- § 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…
- § 132351.4 (a) The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit…
- § 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,…
- § 132351.6 District 11 of the Department of Transportation shall coordinate with the consolidated agency on transportation planning for all projects within the…
ARTICLE 3. Administration §§ 132352–132352.5 · 6 sections
- § 132352 (a) The consolidated agency may adopt bylaws and other rules necessary to carry out its responsibilities. (b) The clerk of the board shall cause a proposed…
- § 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,…
- § 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 chairperson and vice chairperson shall be elected by the membership of 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…
- § 132352.5 (a) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers’ compensation,…
ARTICLE 4. Consolidation §§ 132353–132353.4 · 5 sections
- § 132353 Definitions. The following definitions contained in this article shall govern the construction of this article. (a) “Construction” shall mean the final design,…
- § 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…
- § 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…
- § 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…
- § 132353.4 Upon the transfer of responsibilities and obligations from the consolidated entities into the consolidated agency, the consolidated agency, shall by operation…
ARTICLE 5. Powers and Functions §§ 132354–132354.8 · 9 sections
- § 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…
- § 132354.1 (a) 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…
- § 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…
- § 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…
- § 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…
- § 132354.7 The consolidated agency shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the…
- § 132354.8 (a) The consolidated agency may implement every component of the regional transportation plan described in subparagraph (B) of paragraph (2) of subdivision (d)…
ARTICLE 6. Staffing, Labor, and Retirement Benefits §§ 132355–132355.4 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan §§ 132357–132359 · 3 sections
- § 132357 On or before June 30, 2008, the San Diego County Regional Airport Authority and the consolidated agency shall enter into an agreement for the coordination of…
- § 132358 (a) The San Diego County Regional Airport Authority shall prepare a regional aviation strategic plan with the objective of identifying workable strategies to…
- § 132359 (a) The consolidated agency shall prepare and adopt a multimodal surface transportation accessibility plan for airports in San Diego County (airport multimodal…
ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan §§ 132360–132360.6 · 7 sections
- § 132360 (a) It is the intent of the Legislature that the consolidated agency complete a public process by June 30, 2004, to prepare and adopt a regional comprehensive…
- § 132360.1 In preparing and updating the regional comprehensive plan, it is the intent of the Legislature that: (a) The regional comprehensive plan preserve and improve…
- § 132360.2 The regional transportation plan, the regional aviation strategic plan, the airport multimodal accessibility plan, and the regional comprehensive plan should…
- § 132360.3 The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form…
- § 132360.4 Each member agency should review the actions that the consolidated agency makes on state and federally regulated or mandated items and report these actions to…
- § 132360.5 All documents created in compliance with this article shall be made available and ready for public review in compliance with the California Public Records Act…
- § 132360.6 The consolidated agency may use the authority for the retail transactions and use tax provided under Sections 132301 and 132302 to fund and finance…
ARTICLE 7. Voter Approval §§ 132362–132364 · 2 sections
- § 132362 (a) 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…
- § 132364 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…
ARTICLE 8. Bonds, Equipment, and Leases §§ 132370–132372.4 · 16 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 132370.6 The consolidated agency may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article…
- § 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…
- § 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…
- § 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…
- § 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…
- § 132372 (a) The consolidated agency may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 6. Pasadena Metro Blue Line Construction Authority §§ 132400–132450 · 11 sections
- § 132400 For purposes of this chapter, the following terms have the following meanings: (a) The “authority” is the Metro Gold Line Foothill Extension Construction…
- § 132405 The authority is hereby created for the purpose of awarding and overseeing all design and construction contracts for completion of the project.
- § 132410 (a) The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using,…
- § 132415 (a) The authority shall be governed by a board consisting of five voting members and four nonvoting members who shall be appointed as follows: (1) Three…
- § 132420 (a) The board may appoint an executive director to serve at the pleasure of the authority. (b) The executive director is exempt from all civil service…
- § 132425 The LACMTA shall identify and expeditiously enter into an agreement with the authority to hold in trust with the authority all real and personal property, and…
- § 132430 (a) The LACMTA shall transfer the unencumbered balance of all local funds programmed for completion of the project and that have been identified in the…
- § 132435 The authority shall enter into a memorandum of understanding with the LACMTA that shall specifically address the ability of the LACMTA to review any…
- § 132440 The authority shall not encumber any future farebox revenue anticipated from the operation of the project.
- § 132445 The authority shall not encumber the project with any obligation that is transferable to the LACMTA upon completion of the design and construction of the…
- § 132450 (a) (1) The LACMTA shall assume responsibility for operating all completed phases of the project. (2) Subject to subparagraph (A), the LACMTA shall have the…
CHAPTER 7. Exposition Metro Line Construction Authority §§ 132600–132650 · 10 sections
- § 132600 For purposes of this chapter, the following terms have the following meanings: (a) The “authority” is the Exposition Metro Line Construction Authority created…
- § 132605 The authority is hereby created for the purpose of awarding and overseeing final design and construction contracts for completion of the project.
- § 132610 (a) The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using,…
- § 132615 (a) The authority shall be governed by a board consisting of seven voting members who shall be appointed as follows: (1) Two members shall be appointed by the…
- § 132620 (a) The board may appoint an executive director to serve at the pleasure of the authority. (b) The executive director is exempt from all civil service…
- § 132625 The LACMTA shall identify and expeditiously enter into an agreement or agreements with the authority to do all of the following: (a) Hold in trust with the…
- § 132635 The authority shall enter into a memorandum of understanding with the LACMTA that shall specifically address the ability of the LACMTA to review any…
- § 132640 The authority shall not encumber any future farebox revenue anticipated from the operation of the project.
- § 132645 The authority shall not encumber the project with any obligation that is transferable to the LACMTA upon completion of the design and construction of the…
- § 132650 The authority shall be dissolved upon completion of construction of the light rail project. The LACMTA shall assume responsibility for operating the project…
CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority §§ 132651–132661 · 9 sections
- § 132651 As used in this chapter, the following terms have the following meanings: (a) “Authority” means the Tri-Valley-San Joaquin Valley Regional Rail Authority…
- § 132652 (a) The authority is hereby established for purposes of planning, developing, delivering, and operating cost-effective and responsive transit connectivity,…
- § 132655 The governing board of the authority shall be composed of one representative from each of the following entities to be appointed by the governing board, mayor,…
- § 132656 The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using,…
- § 132657 For an initial 18-month period, the Livermore Amador Valley Transit Authority’s administrative staff shall, if that authority has appointed a member to the…
- § 132658 (a) The unencumbered balance of all local funds programmed for the completion of the BART Livermore extension or that have otherwise been identified for the…
- § 132659 (a) The authority may enter into agreements with the Bay Area Rapid Transit District, the San Joaquin Regional Rail Commission, or any other entity to address…
- § 132660 The authority and any entity contracted with to serve as the operator of any transit connectivity developed and delivered pursuant to this chapter shall be…
- § 132661 (a) On or before July 1, 2019, the authority shall provide a project feasibility report to the public, to be posted on the authority’s internet website, on the…