Bill Text: CA AB548 | 2017-2018 | Regular Session | Amended
Bill Title: Omnitrans Transit District.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB548 Detail]
Download: California-2017-AB548-Amended.html
|
Amended
IN
Assembly
April 04, 2017 |
|
Amended
IN
Assembly
March 23, 2017 |
| Assembly Bill | No. 548 |
| Introduced by Assembly Member Steinorth |
February 14, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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.
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 may 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.CHAPTER 2. Definitions
108010.
Unless the context otherwise requires, the provisions of this section govern the construction of this part:(a)“District” means the Omnitrans Transit District.
(b)“Transit” and “transit service” means the transportation of passengers and their incidental baggage by any means.
(c)“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.
(d)
(e)
(f)
(g)“Board of supervisors” means the County of San Bernardino Board of Supervisors.
(h)
(i)
(j)“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, and federal funds received by the district.
(k)“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 (h).
(l)“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.
CHAPTER 3. Formation of District
108030.
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 unincorporated areas of the County of San Bernardino lying within the census tracts designated by the board of supervisors, as set forth in the 2010 decennial census maps for the State of California on file with the Bureau of the Census, Department of Commerce, Washington, D.C., and other cities that subsequently qualify as members pursuant to the requirements set forth in Section 108032.108031.
The territory of all or part of any other contiguous city or county may be included within the district through compliance with annexation procedures to be adopted by 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 a member and a resolution of the district’s board approving the joining of the new member.108033.
(a) Upon the dissolution of Omnitrans JPA 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.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 20108042.
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. In the event of their absence or inability 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 board shall establish rules for its proceedings,(e)
108044.
A majority of the board or of a standing committee 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.108045.
(a) (1) The acts of the board shall be expressed by motion, resolution, or ordinance.108046.
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
108050.
The district shall have and may exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this chapter, including, but not limited to, the power to do all of the following:(c)To enter into and perform all necessary contracts.
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.
108051.
The district may insure against any accident or destruction of the system or any part thereof. 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.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.
(a) In the performance of its operations, the district shall do all of the following:108064.
(a) 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 are applicable to the district.108064.108065.
The district may insure against any accident or destruction of the system or any part thereof. 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.108066.
(a) The district may hire an independent staff of its own or contract with any department or agency of the United States or with any public or private entity to implement this part.CHAPTER 6. Transit Facilities and Services
108080.
The district may provide transit service for the transportation of passengers and their incidental baggage by any means.108082.
The district may lease or contract for the use of its transit facilities, or any portion thereof, 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 any person.108083.
The district may contract with any public agency or person to provide transit facilities and services for the district.108085.
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.108086.
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.CHAPTER 7. Claims
108090.
(a) 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 therein or by other statutes or regulations expressly applicable thereto.CHAPTER 8. Detachments
108100.
(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 satisfied.CHAPTER 9. Dissolution
108200.
(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 board. 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.108202.
Upon dissolution of the district, the right, title, and interest to any property owned or controlled by the district which was acquired by the district from Omnitrans JPA or 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 County of San Bernardino shall be returned to 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 County of San Bernardino or disposed of as designated by those parties. If a joint powers agency cannot be formed, the district, in consultation with 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 County of San Bernardino, shall make a recommendation to the Legislature regarding an appropriate disposition of the property.CHAPTER 10. Rights of Employees
108090.108500.
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.CHAPTER 11. Transit Police Force
108700.
The district may establish and maintain a police force. Those employees of the district appointed by the chief executive officer to the police force and who are duly sworn as peace officers, are subject to Section 830.33 of the Penal Code, if the district establishes a police force. The district shall comply with the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
