BILL NUMBER: AB 644 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN SENATE JUNE 25, 2009
AMENDED IN SENATE JUNE 9, 2009
AMENDED IN ASSEMBLY MAY 7, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 25, 2009
An act to add Part 17 (commencing with Section 106000) to Division
10 of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 644, Caballero. Monterey-Salinas Transit District Act.
Existing law establishes various local entities to carry out
transportation functions within their respective areas of
jurisdiction.
This bill would enact the Monterey-Salinas Transit District Act.
The bill, operative July 1, 2010, would dissolve the Monterey-Salinas
Transit Joint Powers Agency and create the Monterey-Salinas Transit
District within Monterey County to succeed to the rights, powers,
duties, and obligations of the agency. The bill would establish a
board of directors to govern the district. The act would provide that
upon the dissolution of the Monterey-Salinas Transit Joint Powers
Agency its employees shall become employees of the district. The bill
would authorize the district to hire independent staff and contract
with public entities to implement the provisions of the act. The bill
would authorize the district to raise moneys by issuing bonds
payable from revenues of any facility or enterprise acquired or
constructed by the district. The bill would establish other powers
and duties of, and conditions for membership in, the district. By
imposing new duties on a local agency, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 17 (commencing with Section 106000) is added to
Division 10 of the Public Utilities Code, to read:
PART 17. Monterey-Salinas Transit District
CHAPTER 1. GENERAL PROVISIONS
106000. This part shall be known and may be cited as the
Monterey-Salinas Transit District Act.
106001. As used in this part, the following terms have the
following meanings:
(a) "Agency" means the Monterey-Salinas Transit Joint Powers
Agency, a joint exercise of powers agency.
(b) "Board of directors" or "board" means the Board of Directors
of the Monterey-Salinas Transit District.
(c) "Board of supervisors" means the Monterey County Board of
Supervisors.
(d) "County" means Monterey County.
(e) "District" means the Monterey-Salinas Transit District
created by Section 106010.
CHAPTER 2. FORMATION OF DISTRICT
106010. There is hereby created the Monterey-Salinas Transit
District. The jurisdiction of the district extends throughout the
county, including all of the incorporated and unincorporated
territory.
106011. On and after July 1, 2010, the agency is dissolved and
the district succeeds to, and is vested with, all of the rights,
powers, duties, and obligations of the agency. The district is the
successor to the agency's interests in any property, its rights and
obligations under any contract, any outstanding indebtedness of the
agency, and its rights under any grants, without the necessity of any
further action.
106012. (a) The district shall assume the duties of public
transit provider performed by the agency. On and after July 1, 2010,
the Cities of Carmel-by-the-Sea, Del Rey Oaks, Marina, Monterey,
Pacific Grove, Salinas, Seaside, Gonzales, Soledad, Greenfield, King
City, Sand City, the County of Monterey, and other jurisdictions that
subsequently qualify as members pursuant to the requirements set
forth in Section 106020 are included within the district.
(b) Additionally, the district is deemed to be, with all of the
powers and duties attendant thereto, the consolidated transportation
services agency for the county, with the concurrence of the regional
transportation planning agency.
106013. Upon dissolution of the agency, employees of the agency
shall be deemed to be employees of the district without any break in
service or any loss or reduction of compensation or benefits, except
as may be imposed by express action of the board.
CHAPTER 3. GOVERNMENT OF DISTRICT
Article 1. Board of Directors
106020. (a) The district shall be governed by a board of
directors which shall be composed of one representative from each
member jurisdiction. Each member of the board of directors shall have
one vote. Each member jurisdiction shall appoint one regular member
and one alternate member to the board of directors and shall notify
the district in writing of its appointments or any change of
representative.
(b) Membership of the district shall be limited to the County of
Monterey and incorporated cities within the county and includes the
county and each city that gives the district the right of first
priority for use of any local, state, or federal funds allocated
specifically for public transit systems and to which the city member
might otherwise be entitled to claim as, but not limited to, local
transportation funds pursuant to Chapter 4 (commencing with Section
99200) of Part 11. The county shall give the district the right of
first priority of use of any local, state, or federal funds allocated
specifically for public transit to which the county might otherwise
be entitled to claim as, but not limited to, local transportation
funds pursuant to Chapter 4 (commencing with Section 99200) of Part
11 according to a ratio of unincorporated population within
three-quarters of a mile of the district transit routes to the total
unincorporated population of the county.
(c) Each member shall serve solely at the pleasure of the
appointing member jurisdiction. Members shall be either elected
officials or officers or employees of the appointing member
jurisdiction.
(d) If any portion of the unincorporated area of the county is
annexed to a member city, that city shall assume the obligation of
the county for that area. If any portion of the unincorporated area
of the county becomes incorporated, that city shall assume the
obligations of the county for that area.
106021. The board shall adopt bylaws for its proceedings
consistent with the laws of the state.
106022. The board shall do all of the following:
(a) Adopt an annual budget.
(b) Adopt an administrative code, by ordinance, which prescribes
the powers and duties of the district officers, the method of
appointment of the district employees, and methods, procedures, and
systems of operation and management of the district.
(c) Cause a postaudit of the financial transactions and records of
the district to be made at least annually by a certified public
accountant.
(d) Do any and all things necessary to carry out the purposes of
this part.
106023. The board of directors shall adopt priorities reflecting
the district's goals.
Article 2. Meetings
106030. The board, at its first meeting, and thereafter annually
at the meeting designated by the board, shall elect a chairperson who
shall preside at all meetings, and a vice chairperson who shall
preside in the absence of the chairperson. In the event of his or her
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 tempore, who, while so acting, shall have all the
authority of the chairperson.
106031. All meetings of the board shall be conducted pursuant to
Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code.
106032. A majority of the board of directors entitled to vote
constitutes a quorum for the transaction of business. All official
acts of the district require the affirmative vote of a majority of
the board of directors entitled to vote.
106033. The acts of the board shall be expressed by motion,
resolution, or ordinance.
CHAPTER 4. POWERS AND FUNCTIONS OF THE DISTRICT
Article 1. Personnel
106040. (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 agency to implement this part.
(b) The district may contract with private entities in conformance
with applicable procurement procedures for the procurement of
engineering, project management, and contract management services.
106041. The board of directors shall fix the compensation of the
district's officers and employees.
Article 2. Annual Budget
106045. (a) Notice of the time and place of a public hearing on
the adoption of the annual budget shall be published pursuant to
Section 6061 of the Government Code not less than 15 days prior to
the day of the hearing.
(b) The proposed annual budget shall be available for public
inspection at least 15 days prior to the hearing.
Article 3. Corporate Powers
106050. The district may sue and be sued, except as otherwise
provided by law, in all actions and proceedings, in all courts and
tribunals of competent jurisdiction.
106051. 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.
Article 4. Contracts
106055. The district may make contracts and enter into
stipulations of any nature whatsoever, either in connection with
eminent domain proceedings or otherwise, including, but not limited
to, contracts and stipulations to indemnify and hold harmless, to
employ labor, and to perform all acts necessary and convenient for
the full exercise of the powers granted in this part.
106056. The district may contract with any department or agency
of the United States, with any public agency, including, but not
limited to, the Department of Transportation, any county, city, or
district, or with any person or a private entity upon the terms and
conditions that the district finds in its best interest for the
procurement of engineering, project management, and contract
management services.
106057. (a) The purchase of all supplies, equipment, and
materials, when the expenditure required exceeds one hundred thousand
dollars ($100,000), shall, by contract, be let to the lowest
responsible bidder, or, in the district's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the district on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
(b) To the extent practicable, the district shall obtain a minimum
of three quotations, either written or oral, that permit prices and
terms to be compared whenever the expected expenditure required for
the purchase of supplies, equipment, or materials exceeds two
thousand five hundred dollars ($2,500), but does not exceed one
hundred thousand dollars ($100,000).
Article 5. Financing
106060. (a) The district has no authority to impose sales or
special taxes, but may, with the concurrence of a majority of the
member jurisdictions represented on the board of directors, cause to
be submitted to voters of the district a ballot measure for the
imposition of those taxes.
(b) If approved as required by law, the district may impose and
administer fees and other funding sources secured for transportation
system operation, maintenance, and improvement.
(c) The board of directors may set fares for public transit
service by resolution or minute order.
106061. 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.
106062. 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). 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 thereof and all additions, extensions, and improvements thereto
and all other facilities authorized to be acquired, constructed, or
completed by a district or, in the alternative, may issue revenue
bonds under the Revenue Bond Law of 1941, for the acquisition,
construction, and completion of any one of those facilities. Nothing
in this article shall prevent the district from availing itself of,
or making use of, any procedure provided in this part for the
issuance of bonds of any type or character for any of the facilities
or works authorized under this part, and all proceedings may be
carried on simultaneously or in the alternative, as the directors may
determine.
106063. The district may advocate and act on behalf of all
district member jurisdictions with their concurrence to further
Monterey County transportation system interests, funding, projects,
and priorities.
106064. The district may promulgate a plan for funding
transportation projects within its jurisdiction.
SEC. 2. 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.