BlackletterCalifornia law

CHAPTER 3. Transportation Consolidation For San Diego [132350. - 132372.4.]

Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4.

§§ 132350–132372.4 · 63 sections

  1. 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…
  2. 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…
  3. 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,…
  4. 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…
  5. 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)…
  6. 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…
  7. 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…
  8. 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…
  9. 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…
  10. 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…