Bill Text: CA AB1457 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regional business training center network: pilot project.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Vetoed) 2020-08-29 - Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4435.). [AB1457 Detail]
Download: California-2019-AB1457-Amended.html
Part 19 (commencing with Section 108000) is added to Division 10 of the Public Utilities Code, to read: or dissolution of the district. member and member, a resolution of the district’s board approving the joining of the new member. member, and upon approval of SB LAFCO. service services for the transportation of passengers and their incidental baggage by any means, including, but not limited to, through the operation of buses, specialized transit vehicles, and passenger rail service. satisfied. satisfied, and upon approval of SB LAFCO. automatically be annexed into the district. district upon approval of SB LAFCO. For annexation of territory in the unincorporated county into the district, the annexation shall require approval of the board. board and of SB LAFCO. board. board, and approval of SB LAFCO. However, the winding up of the district shall be conducted by the board and the general manager. The district shall not be fully dissolved and terminated until all debts, financial obligations, and liabilities are paid in full and any and all remaining assets after payment of all debts, financial obligations, and liabilities are distributed to the members.
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.
Bill Title: Regional business training center network: pilot project.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Vetoed) 2020-08-29 - Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4435.). [AB1457 Detail]
Download: California-2019-AB1457-Amended.html
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Amended
IN
Assembly
May 24, 2019 |
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Amended
IN
Assembly
April 11, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1457 |
| Introduced by Assembly Member Reyes |
February 22, 2019 |
An act to amend Section 22050 of, and to add Article 22 (commencing with Section 20360) to Chapter 1 of Part 3 of Division 2 of, the Public Contract Code, and to add Part 19 (commencing with Section 108000) to Division 10 of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1457, as amended, Reyes.
Omnitrans Transit District.
Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit services.
This bill would create the Omnitrans Transit District in the County of San Bernardino. The bill would provide that the jurisdiction of the district would initially include the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and specified portions of the unincorporated areas of the County of San Bernardino. The bill would authorize other cities in the County of San Bernardino to subsequently join the district. The bill would require the district to succeed to the rights and obligations of the existing Omnitrans Joint Powers Authority and would
dissolve that authority. The bill would require the transfer of assets from the authority to the district. The bill would provide for a governing board composed of representatives of governing bodies within the county and would specify voting procedures for the taking of certain actions by the board. The bill would specify the powers and duties of the board and the district to operate transit services, and would authorize the district to seek voter approval of retail transactions and use tax measures and to issue revenue bonds. The bill would enact other related provisions. By imposing requirements on the district and affected local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This
bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 22 (commencing with Section 20360) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read:Article 22. Omnitrans Transit District
20360.
The provisions of this article shall apply to contracts by the Omnitrans Transit District, as provided for in Part 19 (commencing with Section 108000) of Division 10 of the Public Utilities Code.20361.
Contracts for the construction of transit works or transit facilities in excess of ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in an emergency declared by the vote of 15 members of the board of directors of the district. In the case of an emergency, if notice for bids to let contracts will not be given, the board of directors shall comply with Chapter 2.5 (commencing with Section 22050).SEC. 2.
Section 22050 of the Public Contract Code is amended to read:22050.
(a) (1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.(2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b) (1) The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2) If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3) If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the
emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c) (1) If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2) If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action,
or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to before the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3) When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the
action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d) As used in this section, “public agency” has the same meaning as defined in Section 22002.
(e) A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f) This section applies only to emergency action taken pursuant to Sections 20134, 20168, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20361, 20567, 20586, 20604, 20635, 20645, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061,
21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
SECTION 1.SEC. 3.
Part 19 (commencing with Section 108000) is added to Division 10 of the Public Utilities Code, to read:PART 19. Omnitrans Transit District
CHAPTER 1. General Provisions
108000.
This part shall be known and may be cited as the Omnitrans Transit District Act.108001.
It is the intent of the Legislature in enacting this part to provide for a unified, comprehensive institutional structure for the ownership and governance of a transit system within the County of San Bernardino to develop, provide, operate, and administer public transportation. It is further the intent of the Legislature that the district established by this act shall succeed to the powers, duties, obligations, liabilities, immunities, and exemptions of Omnitrans, a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), upon its dissolution.108002.
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Part 1 (commencing with Section 56000) of Division 3 of Title 5 of the Government Code) shall not apply to the formationCHAPTER 2. Definitions
108010.
Unless the context otherwise requires, the provisions of this section govern the construction of this part.(a) “Board of directors,” “board,” and “directors,” means the board of directors of the district.
(b) “Board of supervisors” means the Board of Supervisors of the County of San Bernardino.
(c) “City” means, individually, the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino,
Upland, and Yucaipa, and any other city within the County of San Bernardino that joins as a member of the district as set forth in this part.
(d) “County” means, individually, the County of San Bernardino, and any other county which is annexed, in whole or in part, to the district as provided in this part.
(e) “District” means the Omnitrans Transit District.
(f) “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance and operation of any existing system acquired by the district.
(g) “Indebtedness” means bonds, notes, or other evidences of indebtedness, and all other
obligations, instruments instruments, and agreements which are issued or incurred by or on behalf of the district pursuant to any other law to finance the lease, acquisition, construction, or improvement of a public improvement or working capital needs.
(h) “Omnitrans JPA” means the joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) through that certain joint powers agreement titled “Amended and Restated Joint Powers Agreement between the County of San Bernardino and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda,
Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Creating a County Wide Transportation Authority to be Known as ‘Omnitrans,’” dated July 1, 2016.
(i) “Person” includes any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of these, but does not include a public agency, as defined in subdivision (j).
(j) “Public agency” includes the State of California, and any county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
(k) “Revenues,” unless otherwise defined,
means all rates, fares, tolls, rentals, fees, charges, or other income and revenue actually received or receivable by, or for the account of, the district from the operation of the system, including, but not limited to, interest allowed on any moneys or securities, any profits derived from the sale of any securities, any consideration in any way derived from any properties owned, operated, or at any time maintained by the district, and all local, state, or federal funds received by the district.
(l) “SB LAFCO” means the local agency formation commission for the County of San Bernardino.
(l)
(m) “System” means all transit works and transit facilities owned or held, or to be owned or held, by the district for transit purposes.
(m)
(n) “Transit” and “transit service” means the transportation of passengers and their incidental baggage by any means.
(n)
(o) “Transit works” or “transit facilities” means any or all real and personal property, equipment, rights, facilities, title, or interests owned, or to be acquired, by the district for transit service or purposes for the operation thereof.
(o)
(p) “Voter” means any elector who is registered under the Elections Code.
CHAPTER 3. Formation of District
108030.
(a) There is hereby created the Omnitrans Transit District, comprising the territory lying within the boundaries of the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa, and the territory described in subdivision (b), and other cities that subsequently qualify as members pursuant to the requirements set forth in Section 108032.(b) (1) The unincorporated areas of the County of San Bernardino lying within the following census tracts are also part of the district:
6071000303,
6071000304, 6071000401, 6071000403, 6071000404, 6071000821, 6071002204, 6071002401, 6071002402, 6071002501, 6071002502, 6071002706, 6071003301, 6071003302, 6071003403, 6071003405, 6071003606, 6071004001, 6071004003, 6071004101, 6071004103, 6071004104, 6071004507, 6071006100, 6071006204, 6071006302, 6071006601, 6071007403, 6071007800, 6071008601, 6071008602, and 6071008706.
(2) The census tracts described in paragraph (1) are based on data from the 2014 American Community Survey (ACS) for the State of California on file with the Bureau of the Census, Department of Commerce, Washington, D.C.
108031.
Through compliance with the provisions for annexation, the territory of all or part of any other contiguous city or county may be included within the district.108032.
Any city within the County of San Bernardino, other than a city specifically listed in Section 108030 that is already included in the district at its formation, may join as a member of the district upon approval by its city council of a resolution approving the city’s joining as a108033.
(a) On and after January 1, 2020, Omnitrans JPA shall be dissolved and without the necessity of any further action, the district shall succeed to any or all obligations, liabilities, indebtedness, bonded and otherwise, immunities, and exemptions of Omnitrans JPA and its board of directors.(b) Upon the dissolution of Omnitrans JPA and without the necessity of any further action, the district shall assume the rights and obligations of Omnitrans JPA under any contract to which Omnitrans JPA is a party and which is to be performed, in whole or in part, on or after the date of dissolution of Omnitrans JPA.
(c) Upon the dissolution of Omnitrans JPA and without the necessity of any further action, all real and personal property owned by Omnitrans JPA shall be transferred to the district.
(d) On and after the date of dissolution of Omnitrans JPA, any reference in any law or regulation to Omnitrans JPA shall be deemed to refer to the district.
CHAPTER 4. Government of District
108040.
The district shall be governed by a board of directors. All powers, privileges, and duties vested in or imposed upon the district shall be exercised and performed by and through the board of directors, except that the exercise of all executive, administrative, and ministerial power may be delegated and redelegated by the board of directors to any of the offices, officers, or committees created pursuant to this chapter or created by the board of directors acting pursuant to this chapter.108041.
The board of directors shall consist of 19 members as follows:(a) The board shall be composed of one primary representative selected by the governing body of each city that is a member of the district and four members of the board of supervisors to serve until recalled by the governing body of the city or county. Each director shall be a mayor, councilperson, or supervisor of the governing body that selected that person. Vacancies shall be filled in the same manner as originally selected.
(b) Each city and the county shall also select in the same manner as the primary or secondary representative,
if applicable, one alternate to serve on the board when the primary representative is not available. Whenever the alternate director serves on the board, the alternate director shall have all the powers of a regular director.
(c) The board may allow for the appointment of advisory representatives to sit with the board but in no event shall advisory representatives be allowed a vote.
(d) The board may increase the number of board members, or change the method of selection of board members, by resolution, to accommodate new member cities that join the district pursuant to Section 108032.
108042.
The board, at its first meeting, and biennially thereafter at the first meeting in June, shall elect a chairperson who shall preside at all meetings, and a vice chairperson who shall preside in the absence of the chairperson. The chairperson and the vice chairperson shall serve two-year terms. Notwithstanding the foregoing, the vice chairperson shall become chairperson for the subsequent two-year term in the absence of a vote by the board of directors to the contrary. If the chairperson and vice chairperson are absent or unable to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tem, who, while so acting, shall have all the authority of the chairperson.108043.
The officers of the board shall consist of the members of the board of directors, the chairperson and vice chairperson of the board, a secretary, a general manager, a general counsel, and any other officers that the board deems necessary and provides for in its bylaws, or by ordinance or resolution.108044.
The board shall appoint and fix the salary of a general manager who shall have full charge of the acquisition, construction, maintenance, and operation of the facilities of the district, and of the administration of the business affairs of the district.108045.
(a) The board of directors shall do all of the following:(1) Adopt bylaws for its procedures consistent with the laws of the state.
(2) Adopt an annual budget.
(3) Adopt a conflict-of-interest code.
(4) Adopt priorities reflecting the district’s goals.
(5) Do any and all things necessary to carry out the purposes of this part.
(b) Each member of the board shall
receive compensation, as determined by the board, in an amount not to exceed one hundred twenty-five dollars ($125) for attending each meeting of the board and each committee meeting, not to exceed a total of five hundred dollars ($500) in any month, and shall receive their actual and necessary expenses incurred in the performance of their duties.
108046.
A majority of the board or of a standing committee of the board entitled to vote constitutes a quorum for the transaction of business. All official acts of the board or a standing subcommittee of the board require the affirmative vote of a majority of the board or committee members present.108047.
The acts of the board shall be expressed by motion, resolution, or ordinance.108048.
All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).CHAPTER 5. Powers and Functions of the District
Article 1. Corporate and General Powers of the District
108050.
The district shall have the power to own, operate, manage, and maintain a public transit system and associated facilities, and, in the exercise of the power under this part, the district is authorized in its own name to exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this part, including, but not limited to, the power to do all of the following:(a) Sue and be sued.
(b) Employ agents and employees, contract for services, and define the qualifications and duties for agents,
employees, and contractors.
(c) Enter into and perform all necessary contracts.
(d) Adopt a seal and alter it at the district’s pleasure.
(e) Enter joint powers arrangements with other entities.
(f) Appoint advisory, standing, or ad hoc committees as it deems necessary.
(g) Enact ordinances, resolutions, policies, and guidelines.
(h) Acquire, convey, construct, manage, maintain, and operate buildings and improvements, equipment, and assets of the district.
(i) Acquire, convey, and dispose of real and personal property, easements, and licenses.
(j) Adopt a conflict-of-interest code.
(k) Acquire by the exercise of the power of eminent domain or otherwise, or hold, lease, sublease, sell, or otherwise dispose of any real or personal property, tangible or intangible, equipment, and facilities.
(l) Create and administer funds and the distribution of those funds.
(m) Create and enact taxes, fees, fares, and penalties, as permitted by law.
(n) Advocate on behalf of the district.
(o) Develop and pursue ballot measures.
(p) Enforce criminally or civilly, as applicable, any and all ordinances, resolutions, and policies as permitted by law.
(q) Issue, incur, and encumber indebtedness. The debts, obligations, and liabilities incurred by the district shall not be, nor shall they be deemed to be, debts, encumbrances, obligations, or liabilities of any member.
(r) Invest money in the district treasury that is not needed for immediate necessities, as the board determines advisable, in the same manner and upon the same conditions as other local entities in accordance with Section 53601 of the Government Code.
(s) Pursue collection of obligations
owed to the district.
(t) Exercise the right and power of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part.
(u) Subject to applicable law, provide transportation services or facilities outside the district’s jurisdictional boundaries if a finding is made by the board that those services or facilities benefit the citizens or users of the transportation service or facilities.
(v) Do and undertake any and all other acts reasonable and necessary to carry out the purposes of this part.
108051.
All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided herein or by other statutes or regulations expressly applicable thereto.108052.
The purchase of all services, supplies, equipment, and materials, and the construction of facilities and works, by the district, shall be done in the same manner and procedure, and subject to the same limitations, that apply to the County of San Bernardino pursuant to current state law, or as may be subsequently amended.Article 2. Contracts
108060.
The district may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full exercise of the powers granted in this part.108061.
The district may contract with any department or agency of the federal government, with any public agency, or with any person upon terms and conditions as determined to be in the best interest of the district.108062.
The Legislature finds and declares that there is a compelling interest in ensuring that all federal, state, local, and private funds available to the district 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 district shall have the authority to establish and use a flexible contracting process to maximize efficient use of public funds.108063.
The district may insure against any accident or destruction of the system or any part of the system. The district may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in such amount and of such character as may be specified, and for the payment of the premiums thereon. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.Article 3. Transit Facilities and Services
108070.
The district may provide transit108071.
The district may lease or contract for the use of its transit facilities, or any portion of its transit facilities, to any operator, and may provide for subleases by the operator upon any terms and conditions it deems in the public interest. As used in this section, “operator” means any public agency or person.108072.
Subject to any applicable obligation to meet and confer with public employee organizations, the district may contract with any public agency or person to provide transit facilities and services for the district.108073.
(a) The district may construct and operate or acquire and operate transit works and facilities in, under, upon, over, across, or along any state or public street or highway or any stream, bay, or watercourse, or over any of the lands that are the property of the state, to the same extent that those rights and privileges appertaining thereto are granted to municipalities within the state.(b) Before constructing or acquiring transit works and facilities pursuant to subdivision (a), planning staff of the district shall meet and confer with planning staff of the San Bernardino County Transportation Authority regarding the proposed transit works or facilities
to avoid duplication of efforts, to assess financial
feasibility of ongoing operations and maintenance, and to maximize resources for transit planning and implementation.
108074.
The district may enter into agreements for the joint use of any property and rights by the district and any public agency or public utility operating transit facilities, and may enter into agreements with any public agency or public utility operating any transit facilities, and wholly or partially within or without the district, for the joint use of any property of the district or of the public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers, or pooling arrangements.Article 4. Taxation, Fees, and Indebtedness
108080.
(a) The district may levy a retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of the county located in the district in accordance with this article and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The ordinance shall only become effective if adopted by a two-thirds vote of the board and subsequently approved by the electors voting on the measure at a special election called for the purpose by the board of supervisors or at any regular election.(b) The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial
collection of the transactions and use tax shall take place in
accordance with subdivision (e) below.
(c) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter remains in full force and effect. The board may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter.
(d) The board, in 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 derived from the tax will be used, and may set a term during which the tax will be imposed. Tax revenues shall be used only for public transit purposes of the district, including administration of this part and legal actions related thereto. The ordinance shall contain an expenditure plan that shall include an allocation
of revenues.
(e) 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 than 150 days after adoption of the ordinance.
(f) Before the operative date of the ordinance, the district shall contract with the California Department of Tax and Fee Administration to perform all functions incidental to the administration and operation of the ordinance. The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Disputes as to the amount of the costs shall be resolved in the same manner as provided in that section.
(g) The district, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division
2 of the Revenue and Taxation Code. The district shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.
(h) Before adopting an ordinance pursuant to this section, the district shall obtain the approval by resolution of the board of the San Bernardino County Transportation Authority of the proposed tax.
(i) (1) The district may annually review and propose amendments to the expenditure plan contained in a transaction and use tax ordinance adopted pursuant to this article to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances.
(2) The district shall notify the board of supervisors and the city council of each city in the district and provide them with a copy of the proposed amendments.
(3) The proposed amendments shall become effective 45 days after notice is given.
(j) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the district as well as any repair, redesign, or ongoing maintenance of a district facility, any right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway,
and all costs and expenses related thereto.
108081.
The district may impose and administer fees and administer other funding sources secured for transportation system operation, maintenance, and improvement.108082.
The board may set fares for public transit service by resolution.108083.
As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or constructed by the district, 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), all of the provisions of which apply to the district.108084.
(a) (1) The district 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 the Government Code).(2) The term “enterprise” as used in the Revenue Bond Law of 1941 shall, for all purposes of this part, include transit facilities and any and all parts of transit facilities, and all additions, extensions, and improvements thereto, and all other facilities authorized to be acquired, constructed, or completed by the district.
(3) The district
may issue revenue bonds under the Revenue Bond Law of 1941, for any one or more facilities or enterprises authorized to be acquired, constructed, or completed by the district, or, as an alternative, may issue revenue bonds under the Revenue Bond Law of 1941, for the acquisition, construction, and completion of any one of those facilities.
(b) This part shall not prevent the district from availing itself of, or making use of, any procedure provided in this part for the issuance of indebtedness of any type or character for any of the facilities or works authorized under this part, and all proceedings may be carried out simultaneously or, as an alternative, as the directors may determine.
108085.
The district may advocate on and act on behalf of all members with their concurrence to further the district’s transit interests, funding, projects, and priorities.108086.
The district may adopt a plan for funding transit projects or operations located within its jurisdiction or outside of its jurisdiction as authorized by subdivision (u) of Section 108050, or both.CHAPTER 6. Rights of Employees
108090.
When the district acquires existing facilities, rights, and obligations of Omnitrans JPA, all of the employees of Omnitrans JPA shall be appointed to comparable positions by the district. These employees shall be given sick leave, seniority, vacation credits, and all other rights and obligations that they have with Omnitrans JPA, upon the transfer of Omnitrans JPA to the district.108091.
The district shall provide for district employee retirement benefits under the program administered by the Public Employees’ Retirement System or other system permitted by law.CHAPTER 7. Liability of Members
108100.
The members, whether individually or collectively, shall not be liable for any act or omission of the district, including, but not limited to, any of the following:(a) Performing any and all things necessary to carry out the purposes of this part.
(b) Any act of the district or for any act of the district’s agents or employees.
(c) The payment of wages, benefits, or other compensation to officers, agents, or employees of the district.
(d) The payment of workers’ compensation or indemnity to agents or employees of the district for injury, illness, or death.
CHAPTER 8. Detachments
108200.
(a) Territory within the district may be detached from the district by a supermajority vote of the directors, which shall be at least 80 percent of the nonweighted vote of the existing board, if all pending legal and financial obligations have been(b) The detachment of territory from the district shall become effective upon giving of the notice required in Section 57204 of the Government Code, except that the detached territory
shall not be relieved from liability for taxation for the payment of any bonded indebtedness existing at the time of
detachment and provided that all other pending legal and financial obligations have been resolved by mutual agreement.
(c) Notice of the detachment of territory from the district shall be given to each assessor whose roll is used for a tax levy made pursuant to this part and with the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.
CHAPTER 9. Annexation
108300.
(a) Any territory annexed into a member city shall(b) A city located within the County of San Bernardino that is not a member of the district may join the district pursuant to Section 108032.
CHAPTER 10. Dissolution
108400.
(a) The district may be dissolved upon a supermajority vote of the directors, which shall be at least 80 percent of the nonweighted vote of the(b) Distribution of assets to each member shall be made in the same proportion as that reflected in the accumulated capital contribution accounts from the records of the Omnitrans JPA, as shown and maintained by the district’s finance director in the district’s books of accounts. Cash may be distributed in lieu of property or equipment.
(c) (1) If the directors cannot agree as to the valuation of the property or to the manner of asset distribution, the question shall be submitted to arbitration, as set forth in this subdivision and the directors shall make the distribution or valuation as directed by arbitrators.
(2) Three arbitrators shall be appointed.
(3) The arbitration shall be binding and shall be conducted pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. Any hearings shall be held within the county. All notices, including notices under Section 1290.4 of the Code of Civil Procedure, shall be given to the governing body of each member.
