DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000. - 120702.]
Division 11 added by Stats. 1975, Ch. 294.
§§ 120000–120702 · 105 sections
CHAPTER 1. General Provisions and Definitions §§ 120000–120001 · 2 sections
CHAPTER 2. Creation of Boards §§ 120050–120054 · 5 sections
- § 120050 (a) There is hereby established the San Diego Metropolitan Transit Development Board in that portion of the County of San Diego as described in Section 120054.…
- § 120050.2 The board consists of 15 members selected as follows: (a) One member of the County of San Diego Board of Supervisors, appointed by the board of supervisors.…
- § 120051 The member of the board of supervisors appointed pursuant to subdivision (a) of Section 120050.2 shall represent one of the two supervisorial districts with…
- § 120051.6 The alternate members of the board shall be appointed as follows: (a) The County of San Diego Board of Supervisors shall appoint a county supervisor, not…
- § 120054 The area of the board shall consist of all of the following: (a) The Cities of Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National…
CHAPTER 3. Administration §§ 120100–120109 · 11 sections
- § 120100 The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a vice chair who shall preside in the absence of the…
- § 120101 The board shall establish rules for its proceedings.
- § 120102.5 (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of…
- § 120103 The acts of the board shall be expressed by motion, resolution, or ordinance.
- § 120104 All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2,…
- § 120105 The board shall perform the following duties: (a) Determine whether to operate exclusive public mass transit guideways or to let contracts for their operation…
- § 120105.5 The board shall appoint a general manager or chief executive officer with experience in the management, planning, and development of urban mass transportation…
- § 120106 Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and…
- § 120107 (a) Each member of the board, including alternate members appointed pursuant to Section 120051.6 when serving in the absence of a regular member, shall be…
- § 120108 The board shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as adopted by…
- § 120109 (a) The clerk of the board shall cause a proposed ordinance or proposed amendment to an ordinance, and any ordinance adopted by the board, to be published at…
CHAPTER 4. Powers and Functions §§ 120200–120488 · 57 sections
ARTICLE 1. Corporate Powers §§ 120200–120202 · 3 sections
- § 120200 The board has perpetual succession and may adopt a seal and alter it at its pleasure.
- § 120201 The board may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 120202 (a) All of the privileges, immunities from liability, and exemptions from laws, ordinances, and rules, and all pension, relief, disability, workers’…
ARTICLE 2. Contracts §§ 120220–120228 · 14 sections
- § 120220 The board may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 120220.5 The board may provide and maintain by contract with a public agency or by other means, a security force to enforce its regulations, to preserve and protect any…
- § 120221 The board may contract with any department or agency of the United States of America, with any public agency, or with any person upon such terms and conditions…
- § 120221.5 The board shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the board an…
- § 120222 (a) The Legislature finds and declares that a compelling interest exists in ensuring that all federal, state, local, and private funds available to the board…
- § 120223 (a) If, after rejecting bids received under Section 120222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion,…
- § 120224.1 (a) Upon determining that immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the board are…
- § 120224.2 Notwithstanding Section 120222 and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 120222 and 120223 does…
- § 120224.3 Notwithstanding Section 120222, the board may direct the purchase of any supply, equipment, or materials without observance of any provision requiring…
- § 120224.4 (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted in accordance with…
- § 120225 The board may insure against any accident or destruction of the system or any part thereof. The board may also provide insurance as provided in Part 6…
- § 120226 The board may contract for the services of independent contractors.
- § 120227 The board and the Board of Administration of the Public Employees’ Retirement System shall enter into a contract, and the board shall make all of its officers…
- § 120228 Subject to Section 120260, the board may enter into joint powers agreements to operate exclusive public mass transit guideways.
ARTICLE 3. Property §§ 120240–120244 · 5 sections
- § 120240 The board may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and…
- § 120241 Whenever a portion of a parcel of real property is to be taken for board purposes and the remainder is to be left in such state or condition as to be of little…
- § 120242 The board shall have or exercise the right of eminent domain in the manner provided by law for the condemnation of private property for public use. The board…
- § 120243 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…
- § 120244 The board 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…
ARTICLE 4. Facilities and Services §§ 120260–120269 · 8 sections
- § 120260 The board shall provide input to the San Diego Association of Governments on the planning and construction of exclusive public mass transit guideways in the…
- § 120261 Subject to Section 120260, if the board determines that there is a countywide agency capable of operating exclusive public mass transit guideways, the board…
- § 120263 Priority for guideway development shall be given to meeting the transportation needs of areawide corridors of travel. If the transit development board…
- § 120264 The transit development board may acquire, construct, maintain, and operate (or let a contract in conformity with state labor laws and subdivision (d) of…
- § 120266 (a) The board may enter into contracts with any city in the County of San Diego and with the County of San Diego to license or regulate by ordinance any…
- § 120267 (a) The board may, by ordinance, regulate vehicle safety and driver qualifications for passenger jitney service operating between cities in the County of San…
- § 120268 The board may enter into cooperative agreements with cities within its area of jurisdiction and with the County of San Diego to establish uniform policies and…
- § 120269 (a) If the board licenses or regulates any for-hire vehicle services, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267,…
ARTICLE 5. Transportation Planning §§ 120300–120302 · 3 sections
- § 120300 The San Diego Association of Governments that includes the area of the board shall be responsible for long-term transportation system planning in that area.…
- § 120301 With respect to the area under its jurisdiction, the board shall be responsible for operational planning, which includes all planning and monitoring necessary…
- § 120302 Notice of the time and place of the public hearing by the board shall be published pursuant to Section 6061 of the Government Code, and shall be published not…
ARTICLE 6. Transportation Funding §§ 120350–120356 · 6 sections
- § 120350 The provisions of Article 6 (commencing with Section 120350) and Article 7 (commencing with Section 120400) shall be implemented in conformity with, and…
- § 120351 The designated recipient for purposes of Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code shall be the San Diego…
- § 120352 The board may receive any money pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code for mass transit…
- § 120354 (a) No other public entity within the area of the board’s jurisdiction may file an application for funds for public transportation under Chapter 4 (commencing…
- § 120355 The board may take all action necessary to obtain funding available pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the…
- § 120356 The board may establish and maintain reserve funds for its planning, procurement, construction, and acquisition programs with moneys received from private and…
ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation § 120400 · 1 section
- § 120400 The board may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the…
ARTICLE 8. Penalties §§ 120450–120452 · 4 sections
- § 120450 Violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare on any transit vehicle or in any transit station…
- § 120450.5 No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of the provisions of this article…
- § 120451 Violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned,…
- § 120452 Violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner…
ARTICLE 9. Investments §§ 120470–120473 · 4 sections
- § 120470 Subject to any agreement or covenant between the board and the holders of any of its obligations limiting or restricting classes of investments, the board may…
- § 120471 The investment may be made by direct purchase of any issue of the bonds, treasury notes, or obligations, or part thereof, at the original sale or by the…
- § 120472 Any bonds, treasury notes, or obligations purchased and held as investments by the board may, from time to time, be sold and the proceeds reinvested in bonds,…
- § 120473 Sales of any bonds, treasury notes, or obligations purchased and held by the board shall, from time to time, be made in season so that the proceeds may be…
ARTICLE 11. Transactions and Use Tax §§ 120480–120488 · 9 sections
- § 120480 (a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory within the area…
- § 120481 (a) The board, 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…
- § 120482 (a) The county shall conduct an election called by the board pursuant to Section 120480. (b) The election shall be called and conducted in the same manner as…
- § 120483 (a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more…
- § 120484 The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional…
- § 120485 The board, 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 one-half of 1…
- § 120486 The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from…
- § 120487 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…
- § 120488 The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.
CHAPTER 5. Personnel §§ 120500–120550 · 16 sections
ARTICLE 1. Employees Relations §§ 120500–120509 · 10 sections
- § 120500 Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own…
- § 120501 Whenever a majority of the employees employed by the board in a unit that is the appropriate unit for collective bargaining indicate a desire to be represented…
- § 120502 In case of a labor dispute over wages, salaries, hours, working conditions, and benefits on the making or maintaining of collective-bargaining agreements and…
- § 120503 In the event the board and the representatives of the employees do not agree to submit the dispute to an arbitration panel as provided in Section 120502, the…
- § 120504 (a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership to, or in any manner discriminates…
- § 120505 If there is a question of whether a labor organization represents a majority of employees or whether the proposed unit is the appropriate unit for collective…
- § 120506 The obligation of the board to meet and confer in good faith with the duly certified labor organization and to agree on the terms of a written…
- § 120507 Notwithstanding the provisions of the Government Code, employees of the board may authorize and, upon such authorization, the board may make deductions from…
- § 120508 (a) This article also applies to the employee relations of employees of a nonprofit entity that operates public mass transit services and that is solely owned…
- § 120509 (a) Upon the request of the board, as defined in Section 120508, with the consent of any labor organization acting as the exclusive representative of employees…
ARTICLE 2. Rights of Employees of Existing Facilities §§ 120520–120523 · 4 sections
- § 120520 Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or utility, either in proceedings by eminent domain…
- § 120521 (a) Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or public utility, either in proceedings in…
- § 120522 Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or public utility, either in proceedings in eminent…
- § 120523 (a) Any pension plan maintained by the board pursuant to this division for employees of the board who are members of a unit appropriate for collective…
ARTICLE 3. Employee Protection §§ 120540–120550 · 2 sections
- § 120540 It shall be a condition of the operation of any transit facility owned or controlled by the board that Section 5333 of Title 49 of the United States Code shall…
- § 120550 The board may establish and maintain a police force. Those employees of the board appointed by the general manager or chief executive officer to the police…
CHAPTER 6. Bonds and Other Evidences of Indebtedness §§ 120630–120702 · 14 sections
ARTICLE 1. Revenue Bonds §§ 120630–120631 · 2 sections
- § 120630 The board may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by, or on behalf of, the board, in the manner…
- § 120631 The board 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 2. Equipment Trust Certificates §§ 120650–120654 · 5 sections
- § 120650 The board may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements,…
- § 120651 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…
- § 120652 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…
- § 120653 The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any…
- § 120654 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…
ARTICLE 3. Improvement Acts and Special Benefit Districts §§ 120670–120671 · 2 sections
ARTICLE 4. Temporary Borrowing §§ 120680–120681 · 2 sections
- § 120680 The board may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7…
- § 120681 The board 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…
ARTICLE 5. Miscellaneous §§ 120700–120702 · 3 sections
- § 120700 The board may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness…
- § 120701 All bonds and other evidences of indebtedness issued by the board under this chapter, and the interest thereon, are free and exempt from all taxation within…
- § 120702 Notwithstanding any other provisions of this division or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by…