BILL NUMBER: AB 2224 CHAPTERED
BILL TEXT
CHAPTER 341
FILED WITH SECRETARY OF STATE SEPTEMBER 3, 2002
APPROVED BY GOVERNOR AUGUST 31, 2002
PASSED THE ASSEMBLY AUGUST 15, 2002
PASSED THE SENATE AUGUST 12, 2002
AMENDED IN SENATE JUNE 27, 2002
AMENDED IN SENATE JUNE 18, 2002
AMENDED IN ASSEMBLY APRIL 30, 2002
AMENDED IN ASSEMBLY APRIL 18, 2002
AMENDED IN ASSEMBLY APRIL 8, 2002
AMENDED IN ASSEMBLY APRIL 2, 2002
INTRODUCED BY Assembly Member Nation
FEBRUARY 20, 2002
An act to amend Section 53090 of the overnment Code, to amend
Section 20216 of the Public Contract Code, to add Article 21.5
(commencing with Section 20355) to the Public Contract Code, and to
add Part 16 (commencing with Section 105000) to Division 10 of the
Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2224, Nation. Sonoma-Marin Area Rail Transit District.
Existing law establishes various local entities to carry out
transportation functions within their respective areas of
jurisdiction.
This bill would create the Sonoma-Marin Area Rail Transit District
within the Counties of Sonoma and Marin. The bill would establish a
12-member board of directors to govern the district. The bill would
require the district to work with specified authorities to achieve a
safe, efficient, and compatible system of passenger and freight rail
service. The bill would authorize the district to own, operate,
manage, and maintain a passenger rail system within the territory of
the district. The bill would authorize the district to contract for
goods and services, to employ labor, to grant, purchase, lease,
condemn for use, or otherwise use real or personal property for
transit purposes, to impose voter-approved taxes, to invest revenues,
to issue bonds and execute equipment trust certificates, and to
create improvement and special benefit districts. The bill would
require the Public Employee Relations Board to perform specified
duties relating to collective bargaining. The bill would also
authorize the district to annex territory and to dissolve. The bill
would make related changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53090 of the Government Code is amended to
read:
53090. As used in this article:
(a) "Local agency" means an agency of the state for the local
performance of governmental or proprietary function within limited
boundaries. "Local agency" does not include the state, a city, a
county, a rapid transit district, or a rail transit district whose
board of directors is appointed by public bodies or officers or
elected from election districts within the area comprising the
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code.
(b) "Building ordinances" means ordinances of a county or city
regulating building and construction and removal of buildings,
including ordinances relating to the matters set forth in Section
38660 and similar matters, and including ordinances relating to
building permits and building inspection.
SEC. 2. Section 20216 of the Public Contract Code is amended to
read:
20216. (a) Notwithstanding any other provision of law, any
contract by the San Francisco Bay Area Rapid Transit District, the
Southern California Rapid Transit District, the Golden Gate Bridge,
Highway and Transportation District, the Sonoma-Marin Area Rail
Transit District, the San Diego Metropolitan Transit Development
Board, the North San Diego County Transit Development Board, a county
transportation commission that is subject to the competitive
negotiation provisions of Section 20229.1, 20231.5, or 20916.3 of
this code, or Section 120224.4, 125228, or 130238 of the Public
Utilities Code, a transit district, city, county, city and county, or
transportation agency, that is subject to the competitive
negotiation provisions of Section 20217, and any other transportation
agency that is authorized to use comparable competitive negotiation
provisions after July 1, 1992, shall comply with the requirements of
this section.
(b) Other than proprietary information, the content of any request
for proposal, any proposal received, and any other communications
between a transportation agency and a potential bidder on a contract
that is subject to subdivision (a) shall be made available to the
public no later than the same time that a recommendation for awarding
a contract is made to the governing board or persons responsible for
approving the award of a contract to a bidder, except that the price
proposed in any bidder's initial proposal shall be available upon
the opening of the bid by the agency requesting the proposal.
(c) No person may participate in the evaluation of any proposal
for the award of a contract that is subject to subdivision (a) if any
of the following conditions apply:
(1) The person has a financial interest in the outcome of the
evaluation or the contract.
(2) The person has received a gift of over two hundred fifty
dollars ($250) during the previous 12 months from a bidder directly,
or indirectly through an intermediary, if it is known to the person
that the gift was in whole or in part funded by the bidder.
(d) The agency board or any person responsible for awarding a
contract under this article shall not have any ex parte communication
with a bidder or any representative of the bidder except in writing
and if the communication is made public.
(e) A contract may not be awarded until 15 days after the staff
recommendation has been made available to the public.
(f) An agency using the competitive negotiation process shall
maintain in writing, and make available upon request, a complete
description of the process and the policies and procedures used by
the agency in doing so, including all standards, criteria, public
protest procedures, and method of contract award. The agency shall
also keep a complete record of its actions on each procurement.
(g) For purposes of this section and Sections 20217, 20229.1,
20231.5, and 20916.3 of this code and Sections 120224.4 and 130238 of
the Public Utilities Code, "competitive negotiation" means a
procurement process used by an agency in lieu of a competitive sealed
bid process when conditions are not appropriate for the use of
sealed bids, and that permits the consideration of price, technical
experience, past performance, management, or other factors in
selecting the most cost-effective proposal for the manufacture and
delivery of specified goods, transit vehicles, or equipment. The
process includes negotiations with manufacturers or providers after
the receipt of initial proposals during which performance or
technical standards and other criteria may be revised in order to
secure proposals most advantageous to the purchasing agency or to
cure any deficiencies contained in the original proposals.
SEC. 3. Article 21.5 (commencing with Section 20355) is added to
Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to
read:
Article 21.5. Sonoma-Marin Area Rail Transit District
20355. The provisions of this article shall apply to contracts by
the Sonoma-Marin Area Rail Transit District, as provided for in Part
16 (commencing with Section 105000) of Division 10 of the Public
Utilities Code.
20355.1. The purchase of all supplies, equipment, and materials
when the expenditure required exceeds forty thousand dollars
($40,000), and the construction of facilities and works when the
expenditure required exceeds ten thousand dollars ($10,000), shall be
by contract let to the lowest responsible bidder. Notice requesting
bids shall be published at least once in a newspaper of general
circulation. This publication shall be made at least 10 days before
the bids are received. The district may reject any and all bids and
readvertise in its discretion.
20355.2. If after rejecting bids the district determines that the
supplies, equipment, and materials may be purchased at a lower price
in the open market, the district may proceed to purchase the
supplies, equipment, and materials in the open market without further
observance of the provisions requiring contracts, bids, or notice.
20355.3. In case of an emergency, the board may, by resolution
passed by a two-thirds vote of all its members, declare and determine
that public interest and necessity demand the immediate expenditure
of public money to safeguard life, health, or property, and thereupon
proceed to expend or enter into a contract involving the expenditure
of any sum needed in the emergency without observance of the
provisions requiring contracts, bids, or notice. If notice for bids
to let contracts will not be given, the board shall also comply with
Chapter 2.5 (commencing with Section 22050).
20355.4. (a) Upon determining that immediate remedial measures
are necessary to avert or alleviate damage to property of the
district or to repair or restore damaged or destroyed property of the
district in order to ensure that the facilities of the district are
available to serve the transportation needs of the general public,
and upon determining that available remedial measures, including
procurement in compliance with Sections 20355, 20355.1, 20355.2, and
20355.3 are inadequate, the general manager may authorize the
expenditure of money previously appropriated specifically by the
board for the direct purchases of goods and services, without
observance of the provisions of those sections.
(b) The general manager shall, after any such expenditure, submit
to the board a full report explaining the necessity for the action.
20355.5. All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidder's security:
(a) Cash.
(b) A cashier's check made payable to the district.
(c) A certified check made payable to the district.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the district.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the district beyond
60 days from the time the award is made.
20355.6. Notwithstanding Section 20355.1, and upon a finding by
two-thirds of all members of the board that the proposed purchase in
compliance with Sections 20355.1 and 20355.2 does not constitute a
method of procurement adequate for the operation of district
facilities or equipment, the board may direct the procurement of
prototype equipment or modifications in an amount sufficient to
conduct and evaluate operational testing without further observance
of any provisions requiring contracts, bids, or notice.
20355.7. (a) Notwithstanding any other provision of law, the
governing board of the Sonoma-Marin Area Rail Transit District may
direct the purchase of (1) electronic equipment, including, but not
limited to, computers, telecommunications equipment, fare collection
equipment, radio and microwave equipment, and other related
electronic equipment and apparatus used in rail transit operations;
and (2) specialized rail transit equipment, including, but not
limited to, rail cars, by competitive negotiation upon a finding by
two-thirds of all members of the board that the purchase of that
equipment in compliance with provisions of this code generally
applicable to the purchase does not constitute a method of
procurement adequate for the district's needs. This section does not
apply to contracts for construction or for the procurement of any
product available in substantial quantities to the general public.
(b) Competitive negotiation, for the purposes of this section,
shall include, as a minimum, all of the following elements:
(1) A request for proposal shall be prepared and submitted to an
adequate number of qualified sources, as determined by the district
in its discretion, to permit reasonable competition consistent with
the nature and requirements of the procurement. In addition, notice
of the request for proposal shall be published at least once in a
newspaper of general circulation, which publication shall be made at
least 10 days before the proposals are received. The district shall
make reasonable efforts to generate the maximum feasible number of
proposals from qualified sources and shall make a finding to that
effect before proceeding to negotiate if only a single response to
the request for proposal is received.
(2) The request for proposal shall identify significant evaluation
factors, including price, and their relative importance.
(3) The district shall provide reasonable procedures for technical
evaluation of the proposals received, identification of qualified
sources, and selection for contract award.
(4) The award shall be made to the qualified bidder whose proposal
will be most advantageous to the district with price and other
factors considered. If the award is not made to the bidder whose
proposal contains the lowest price, the board shall make a finding
setting forth the basis for the award.
(c) The board may reject any and all proposals and request new
proposals at its discretion.
(d) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section as
follows:
(1) Protests based on the content of the request for proposal
shall be filed with the district within 10 calendar days after the
request for proposal is first advertised in accordance with
subdivision (b). The district shall issue a written decision on the
protest prior to the opening of proposals. A protest may be renewed
by refiling the protest with the district within 15 calendar days
after the mailing of the notice of the recommended award.
(2) Any bidder may protest the recommended award on any ground not
based upon the content of the request for proposals by filing a
protest with the district within 15 calendar days after the mailing
of the notice of the recommended award.
(3) Any protest shall contain a full and complete written
statement specifying in detail the grounds of the protest and the
facts supporting the protest. Protestors shall have an opportunity
to appear and be heard before the board prior to the opening of
proposals in the case of protests based on the content of the request
for proposals, prior to final award in the case of protests based on
other grounds or the renewal of protests based on the content of the
request for proposals.
(e) Provisions in any contract concerning women and minority
business enterprises, which provisions are in accordance with the
request for proposals, shall not be subject to negotiation with the
successful bidder.
SEC. 4. Part 16 (commencing with Section 105000) is added to
Division 10 of the Public Utilities Code, to read:
PART 16. SONOMA-MARIN AREA RAIL TRANSIT DISTRICT
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
105000. This part shall be known and may be cited as the
Sonoma-Marin Area Rail Transit District Act.
105001. 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 passenger rail system within the
Counties of Sonoma and Marin that shall operate in harmony with
existing freight service that operates upon the same rail line and
serves the Counties of Humboldt, Marin, Mendocino, Napa, and Sonoma.
It is the further intent of the Legislature that the district
established by this act may succeed to the powers, duties,
obligations, liabilities, immunities, and exemptions of both the
Sonoma-Marin Area Rail Transit Commission and the Northwestern
Pacific Railroad Authority upon their dissolution. Because there is
no general law under which this district could be formed, the
adoption of a special act and the formation of a special district is
required.
105002. Unless the context otherwise requires, the provisions of
this chapter govern the construction of this part.
105003. As used in this part, the following terms have the
following meanings:
(a) "District" means the Sonoma-Marin Area Rail Transit District.
(b) "Rail transit" means the transportation of passengers and
their incidental baggage by rail.
(c) "Rail transit works" or "rail transit facilities" means any or
all real and personal property, equipment, rights or interests owned
or to be acquired by the district for rail transit service purposes,
including ancillary bicycle and pedestrian pathways that provide
connections between and access to station sites.
(d) "Board of directors," "board," or "directors" means the board
of directors of the district.
(e) "Public agency" includes the state, and any county, city and
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.
105004. The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Part 1 (commencing with Section 56000)
Division 3 of Title 5 of the Government Code), shall not apply to the
formation or dissolution of the district, or the annexation of
additional contiguous territory to the district.
CHAPTER 2. FORMATION OF DISTRICT
105010. There is hereby created the Sonoma-Marin Area Rail
Transit District, comprising the territory lying within the
boundaries of the Counties of Marin and Sonoma.
105011. Through compliance with the provisions for annexation set
forth in Chapter 7 (commencing with Section 105280), the territory
of all or part of any other contiguous county may be included within
the district.
105012. (a) Upon the dissolution of the Sonoma-Marin Area Rail
Transit Commission and the Northwestern Pacific Railroad Authority,
the district shall succeed to any or all of the powers, duties,
rights, obligations, liabilities, indebtedness, bonded and otherwise,
immunities, and exemptions of the commission and its board of
commissioners and the authority and its board of directors.
(b) Upon the dissolution of the Sonoma-Marin Area Rail Transit
Commission and the Northwestern Pacific Railroad Authority, the
district shall assume the rights and obligations of the commission
and the authority under any contract to which the commission or the
authority is a party and which is to be performed, in whole or in
part, on or after the date of dissolution of the Sonoma-Marin Area
Rail Transit Commission and the Northwestern Pacific Railroad
Authority, including, without limitation, any existing operating
agreements with the North Coast Railroad Authority. The district
shall thereafter negotiate in good faith a new operating agreement
with the North Coast Railroad Authority. If the parties are unable
to reach an agreement on the new operating agreement, the parties
shall select a mutually agreed upon third party to mediate a
resolution of the dispute.
(c) All real and personal property owned by the Sonoma-Marin Area
Rail Transit Commission and the Northwestern Pacific Railroad
Authority may be transferred to the district. Any real or personal
property owned individually or jointly by the Golden Gate Bridge,
Highway and Transportation District, the County of Marin, or the
Marin County Transit District, or any other public agency, may be
transferred to the district. The transfer of any right-of-way from
the Northwestern Pacific Railroad Authority, the Golden Gate Bridge,
Highway and Transportation District, the County of Marin, or the
Marin County Transit District to the district shall be made subject
to any existing easements for freight and passenger excursion service
issued to the North Coast Railroad Authority prior to the time of
the transfer.
(d) Upon the dissolution of the Sonoma-Marin Area Rail Transit
Commission, the district shall assume, without any condition
whatsoever, all responsibilities and obligations previously assumed
by the commission with respect to its fund transfer agreement with
Caltrans for the funding of the Sonoma-Marin Area Rail Transit
Project.
(e) On and after the date of dissolution of the Sonoma-Marin Area
Rail Transit Commission and the Northwestern Pacific Railroad
Authority, any reference in any provision of law or regulation to the
commission or the authority shall be deemed to refer to the
district.
CHAPTER 3. GOVERNMENT OF DISTRICT
Article 1. Board of Directors
105020. The government of the district shall be vested in a board
of directors, which shall consist of 12 members, appointed as
follows:
(a) Two members of the Sonoma County Board of Supervisors, each of
whom shall also serve on the Board of Directors of the Sonoma County
Transportation Authority, appointed by the Sonoma County Board of
Supervisors.
(b) Two members of the Marin County Board of Supervisors,
appointed by the Marin County Board of Supervisors.
(c) Three members, each of whom shall be a mayor or council member
of a city or town within the County of Sonoma, appointed by the
Sonoma County Mayors and Council Members Association or its
successor, provided the following conditions are met:
(1) At least two members are also city representatives for the
Sonoma County Transportation Authority.
(2) All of the members are from cities on the rail line in Sonoma
County.
(3) No city has more than one member.
(d) The member of the City Council of the City of Novato who also
serves on the Marin County Congestion Management Agency, appointed by
the Marin County Congestion Management Agency or its successor.
(e) The member of the City Council of the City of San Rafael who
also serves on the Marin County Congestion Management Agency,
appointed by the Marin County Congestion Management Agency or its
successor.
(f) One member, who shall be a mayor or council member of a city
or town within the County of Marin and a member of the Marin County
Congestion Management Agency, appointed by the Marin County Council
of Mayors and Council Members or its successor.
(g) Two members of the Golden Gate Bridge, Highway and
Transportation District, neither of whom shall be a member of the
Marin or Sonoma County Boards of Supervisors, appointed by the Golden
Gate Bridge, Highway and Transportation District or its successor.
105021. (a) The 12 members of the board shall serve staggered,
four-year terms.
(b) Within 60 days of its occurrence, any vacancy on the board
shall be filled by the body that originally made the appointment to
the office in which the vacancy exists.
105022. The board may fix the amount of compensation to be paid
to each member of the board. The compensation shall not exceed five
hundred dollars ($500) in any one calendar month. Each member shall
be allowed necessary traveling and personal expenses incurred in the
performance of his or her duties as may be authorized by the board.
105023. In the event that new territory is annexed to the
district pursuant to Chapter 7 (commencing with Section 105280), and
upon the affirmative vote of a majority of directors, which shall
include an affirmative vote of at least three directors from each
county within the district appointed pursuant to subdivisions (a) to
(f), inclusive, of Section 105020, the board may restructure the
membership of the board to provide representation of the new
territory on the board.
Article 2. Powers and Duties of Board of Directors
105030. The board is the legislative body of the district and,
consistent with the provisions of this part, shall determine all
district policy.
105031. The board shall select one of its members as chairperson,
and another of its members as vice chairperson, who shall serve in
the absence of the chairperson.
105032. It shall be the duty of the board and it shall have the
power to:
(a) Own, operate, manage, and maintain a passenger rail system
within the territory of the district.
(b) Determine the rail transit facilities, including ancillary
bicycle and pedestrian pathways, to be acquired and constructed by
the district, the manner of operation, and the means to finance them.
(c) Adopt an annual budget for the district that provides for the
compensation of its officers and employees.
(d) Fix rates, rentals, charges, and classifications of rail
transit service operated by the district.
(e) Adopt an administrative code that prescribes the powers and
duties of district officers, the method of appointment of district
employees, and the methods, procedures, and systems for the operation
and management of the district.
(f) Adopt rules and regulations governing the use of rail transit
facilities owned or operated by the district.
(g) Cause a postaudit of the financial transactions and records of
the district to be made at least annually by a certified public
accountant.
(h) Adopt rules and regulations providing for the administration
of employer-employee relations.
(i) Do any and all things necessary to carry out the purposes of
this part.
Article 3. Meetings and Legislation
105040. 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).
105041. A majority of the board constitutes a quorum for the
transaction of its business.
105042. The affirmative vote of a majority of the members of the
board shall be necessary and, except as otherwise provided in this
act, shall be sufficient to carry out any order, resolution, or
ordinance coming before the board.
105043. The board shall establish rules for its proceedings and
determine the place and time for its meetings.
105044. The acts of the board shall be expressed by motion,
resolution, or ordinance.
Article 4. Other Officers
105050. The board shall appoint a general manager for the
district. The board may appoint a secretary, a chief engineer, a
legal counsel, a controller, an auditor, a treasurer, and other
officers, assistants, and deputies, as the board may deem necessary
and provide for by ordinance. These officers shall serve at the
pleasure of the board. The offices of auditor, controller, and
treasurer may be held by separate officers or combined and held by
one officer.
105051. The Counties of Marin and Sonoma, the Golden Gate Bridge,
Highway and Transportation District, or any other public agency may
render assistance to the district as it may require, including the
performance by officers of the counties, the Golden Gate Bridge,
Highway and Transportation District, or other public agency of the
functions of legal counsel, controller, auditor, and treasurer. The
district shall reimburse the counties, the Golden Gate Bridge,
Highway and Transportation District, or other public agency for the
services performed by them for the district.
105052. The powers and duties of the general manager are:
(a) To head the administrative branch of the district and to be
responsible to the board for the proper administration of all affairs
of the district.
(b) To appoint, supervise, suspend, or remove district officers,
other than members of the board and officers appointed by the board.
(c) To supervise and direct the preparation of the annual budget
for the board and to be responsible for its administration after its
adoption.
(d) To formulate and present to the board plans for rail transit
facilities within the district and the means to finance them.
(e) To supervise the planning, acquisition, construction,
maintenance, and operation of the rail transit facilities of the
district.
(f) To attend meetings of the board.
(g) To prepare and submit to the board, as soon as practicable
after the end of each fiscal year, a complete report of the finances
and administrative activities of the district for the preceding year.
(h) To perform other and additional duties as the board may
require.
CHAPTER 4. POWERS AND FUNCTIONS OF THE DISTRICT
Article 1. Corporate Powers
105060. The district has perpetual succession and may adopt a
seal and alter it at its pleasure.
105061. 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.
105062. 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.
Article 2. Contracts
105070. 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.
105071. No officer or employee of the district shall in any
manner be interested, directly or indirectly, in any contract awarded
or to be awarded by the board, or in the profits to be derived
therefrom, contrary to the provisions of Article 4 (commencing with
Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government
Code.
105072. The district may insure against any accident or
destruction of the rail transit system or any part thereof. The
district may insure against loss of revenues from any cause
whatsoever. In proceedings authorizing the issuance of any bonds,
the district may provide for the carrying of insurance in an amount
and of a character as may be specified, and may provide for the
payment of 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.
105073. The district may contract for the services of independent
contractors.
105074. For purposes of entering into design-build contracts, the
district is a "transit operator" within the meaning of Article 6.8
(commencing with Section 20209.5) of Chapter 1 of Part 3 of Division
2 of the Public Contract Code.
105075. The district is a local agency for purposes of the
Natural Disaster Assistance Act, Chapter 7.5 (commencing with Section
8680) of Division 1 of Title 2 of the Government Code.
105076. The district shall be considered the succeeding agency to
the "Sonoma-Marin Area Rail Transit Authority" for the purpose of
receiving funds available under paragraph (30) of subdivision (a) of
Section 14556.40 of the Government Code.
Article 3. Property
105085. The district may take by grant, purchase, devise, or
lease, or condemn in proceedings under eminent domain, or otherwise
acquire, and hold and enjoy, real property of every kind within or
without the district necessary to the full or convenient exercise of
its powers. The board may lease, mortgage, sell, or otherwise
dispose of any real or personal property when in its judgment it is
in the best interests of the district to do so.
105086. The district may exercise the right of eminent domain to
take any property necessary or convenient to the exercise of the
powers granted in this act. The district, in exercising that right,
shall, in addition to the damage for the taking, injury, or
destruction of property, also pay the cost, exclusive of betterment
and with credit for salvage value, of removal, reconstruction, or
relocation of any substitute facilities, including structures,
railways, mains, pipes, conduits, wires, cables or poles of any
public utility which is required to be moved to a new location.
105087. (a) The district may take by gift, or take or convey by
grant, purchase, devise, or lease, and hold and enjoy, real and
personal property of every kind within or without the district
necessary for, incidental to, or convenient for, transit-oriented
joint development projects that meet the definition and requirement
set forth in subdivision (b).
(b) (1) For purposes of this section, a "transit-oriented joint
development project" is a commercial, residential, or mixed-use
development that is undertaken in connection with existing, planned,
or proposed intermodal transit facilities and is located one-fourth
mile or less from the external boundaries of that facility.
(2) Any transit-oriented joint development project created under
this section shall comply with the land use and zoning regulations of
the city, county, or city and county in which the project is
located.
(c) The authority granted under this section extends to any joint
powers agency of which the district is a member and for which the
district serves as the managing agency.
(d) The district may not exercise its power of eminent domain in
order to make an acquisition under this section.
Article 4. Rail Transit Facilities and Service
105095. The district may provide a rail transit system for the
transportation of passengers and their incidental baggage by rail.
105096. (a) The district may acquire, construct, own, operate,
control, or use rights-of-way, rail lines, stations, platforms,
switches, yards, terminals, parking lots, and any and all other
facilities necessary or convenient for rail transit within and
without the district, together with all physical structures necessary
or convenient for the access of persons and vehicles thereto,
including ancillary bicycle and pedestrian pathways, and may acquire
or contract for any interest in or rights to the use or joint use of
any or all of the foregoing.
(b) The district may contract with any public agency or person for
the operation of shuttle services necessary or convenient for rail
transit.
(c) The district shall comply with the design review process of
the local jurisdiction in which any rail transit facilities are to be
constructed. The local jurisdiction's design review and approval
shall be for advisory purposes only.
(d) In Sonoma County, north of Healdsburg, the district shall
locate commuter stations only within incorporated areas.
(e) In Marin County north of San Rafael, the district shall locate
commuter stations only within areas that are incorporated as of the
operative date of this part.
105097. The district may lease or contract for the use of its
rail 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.
105098. Except as otherwise provided in Section 105143, the board
may contract with any public agency or person to provide rail
transit facilities and services for the district.
105099. The district may construct and operate or acquire and
operate rail transit works and facilities in, under, upon, over,
across, or along any state or public 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 these rights and privileges are
granted to municipalities within the state.
105100. Except as otherwise provided in Section 105087, the
provisions of Article 5 (commencing with Section 53090) of Chapter 1
of Part 1 of Division 2 of Title 5 of the Government Code shall not
be applicable to the district.
105101. The district may enter into agreements for the joint use
of any property and rights by the district and any city, public
agency, or public utility operating transit facilities and may enter
into agreements with any city, public agency, or public utility
operating any transit facilities, wholly or partially within or
without the district, for the joint use of any property of the
district or of the city, public agency, or public utility, or for the
establishment of through routes, joint fares, transfer of
passengers, or pooling agreements.
105102. The district may, without limitation by any other
provisions of this part requiring approval of indebtedness, accept
contributions of money, grants, loans, rights-of-way, labor,
materials, and any other property from the state or the United
States, or any department, instrumentality, or agency thereof, or
from any public agency for the acquisition, construction,
maintenance, and operation of rail transit facilities. The district
may, without limitation by any other provisions of this part, enter
into any contract and cooperate with and accept cooperation from the
state or the United States, or any department, instrumentality, or
agency thereof, or any public agency in the acquisition,
construction, maintenance, and operation of, and in financing the
acquisition, construction, maintenance, and operation of, any rail
transit facilities. The district may do any and all things necessary
in order to obtain the aid, assistance, and cooperation under any
federal or state legislation now or hereafter enacted. Any evidence
of indebtedness issued under this section shall constitute a
negotiable instrument.
105103. The rates and charges for rail transit service furnished
pursuant to this part shall be fixed by the board and shall be
reasonable.
105104. The district shall work with the North Coast Railroad
Authority, the Federal Railroad Administration, and any of its
successor agencies, to achieve safe, efficient, and compatible
operations of both passenger rail and freight service along the rail
line in Sonoma and Marin Counties.
105105. The district shall be responsible for any advance payment
of any portion of the North Coast Railroad Authority's Q-Fund loan
repayment obligation caused by the district's action. Any amount
advanced by the district shall be reimbursed by the North Coast
Railroad Authority at the time the North Coast Railroad Authority's
obligation to repay that portion of the Q-Fund loan would otherwise
become due.
Article 5. Taxation
105115. Upon the affirmative vote of a majority of the directors,
which shall include an affirmative vote of at least three directors
from each county within the district appointed pursuant to
subdivisions (a), (b), (c), (d), (e), and (f) of Section 105020, the
board may by resolution submit to the voters of the district a
measure proposing a retail transactions and use tax ordinance in
accordance with the provisions of Part 1.6 (commencing with Section
7251) of Division 2 of the Revenue and Taxation Code.
Article 6. Investments and Deposits
105125. The district's investment of any surplus money in its
treasury, including money in any sinking fund, shall be in accordance
with Article 1 (commencing with Section 53600) of Chapter 4 of Part
1 of Division 2 of the Government Code.
105126. The district's deposit of district money shall be in
accordance with Article 2 (commencing with Section 53630) of Chapter
4 of Part 1 of Division 2 of the Government Code.
CHAPTER 5. PERSONNEL
Article 1. Employee Relations
105140. Except as otherwise provided in this article and in
Article 2 (commencing with Section 105150), the determination of
questions concerning employee representation and the conduct of
employee-employer relations within the district shall be governed by
the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
3500) of Division 4 of Title 1 of the Government Code).
105141. Except as otherwise provided in Article 2 (commencing
with Section 105150), whenever a majority of the employees employed
by the district in a unit appropriate for collective bargaining
indicate a desire to be represented by a labor organization, and upon
determining that the labor organization represents at least a
majority of the employees in the appropriate unit, the board and the
accredited representative of employees shall bargain in good faith
and make all reasonable efforts to reach agreement on the terms of a
written contract governing wages, hours, and other terms and
conditions of employment within the scope of representation set forth
in Section 3504 of the Government Code.
105142. (a) If, after a reasonable period of time,
representatives of the district and the accredited representatives of
the employees fail to reach agreement either on the terms of a
written contract governing wages, hours, and other terms and
conditions of employment or the interpretation or application of the
terms of an existing contract, upon the agreement of both the
district and the representatives of the employees, the dispute may be
submitted to an arbitration board.
(b) The arbitration board shall be composed of two representatives
of the district and two representatives of the labor organization,
and they shall endeavor to agree upon the selection of a fifth
member. If they are unable to agree, the names of five persons
experienced in labor arbitration shall be obtained from the State
Conciliation Service. The labor organization and the district shall,
alternately, strike a name from this list, and the name remaining
after the labor organization and the district have stricken four
names shall be designated as the fifth arbitrator and chairperson of
the board of arbitration. The labor organization and the district
shall determine by lot who shall first strike a name from the list.
The decision of a majority of the arbitration board shall be final
and binding upon the parties thereto.
(c) Each party shall be responsible for the expense of the
presentation of its case. All other expenses of arbitration shall be
borne equally by the parties and the expenses may include the making
of a verbatim record of the proceedings and transcript of that
record.
105143. The district may contract for management services with
any public agency or person and may contract for operations and
maintenance services with the district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code. However, the district may not contract out the
performance of services performed by or fairly claimable by employees
of a bargaining unit without the agreement of the accredited
representative of that bargaining unit's employees.
Article 2. Transfer of Collective Bargaining Rights
105150. The Legislature hereby finds and declares that the
creation of the district may adversely affect the collective
bargaining rights, wages, benefits, and employment opportunities of
employees of the district organized pursuant to Part 3 (commencing
with Section 27000) of Division 16 of the Streets and Highways Code.
105151. Notwithstanding the provisions of Article 1 (commencing
with Section 105140), in order to protect and preserve the collective
bargaining rights of employees of the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code, whose employment opportunities may be adversely
affected by the adoption and implementation of this division, upon
the district's decision to commence rail service, the district shall
establish at least three collective bargaining units comprised of the
following:
(a) A transportation operators collective bargaining unit.
(b) A transportation maintenance collective bargaining unit.
(c) A transportation dispatch and equipment servicing collective
bargaining unit.
For purposes of this section, the district's decision to commence
rail service shall be effected by the district's adoption of a
resolution that confirms that sufficient financing exists to
undertake rail service and declares the intention of the district to
take all reasonable and necessary steps to commence rail service.
105152. For a period of four years, commencing with the district'
s decision to commence rail service as provided in Section 105151, or
until the expiration of the current collective bargaining agreement,
whichever is later, employees of the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code, who are employed by that district in
classifications assigned to the same or similar collective bargaining
units as those set out in Section 105151, shall be given priority of
employment within the collective bargaining units set forth in
Section 105151. Any dispute arising over the appropriate placement
within a collective bargaining unit or over any assignment of
classifications made by the district to a bargaining unit set forth
in Section 105151 shall be resolved by the Public Employee Relations
Board. Any determination of the Public Employee Relations Board
shall be consistent with the intent of this section.
105153. The district shall recognize and bargain with, as the
accredited representative of the employees within the collective
bargaining units set forth in Section 105151, the accredited
collective bargaining representatives that represent the same or
similar bargaining units within the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code. This recognition shall be maintained unless
changed by mutual agreement of the district and the affected
collective bargaining representative or the representative is
decertified in accordance with the rules and procedures of the Public
Employee Relations Board for the certification and decertification
of employee representatives.
105154. Employees of the district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code who transfer to the district and into a collective
bargaining unit set forth in Section 105151, shall be credited with
any accrued seniority earned at the district from which they have
transferred, and shall not suffer a loss in their rate of wages,
pension benefits, pension accrual rights, health benefits, retiree
health benefits, vacation accrual, or other seniority-based benefits,
such as job bidding and transfer rights, as a result of their
transfer to the district.
105155. To facilitate implementation of the employee rights
enumerated in this section, the district and the district organized
pursuant to Part 3 (commencing with Section 27000) of Division 16 of
the Streets and Highways Code may engage in joint collective
bargaining with the accredited representatives of the collective
bargaining units set forth in Section 105151 and the same or similar
collective bargaining units within the district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code to establish uniform wages, health benefits,
pension benefits, and other uniform terms and conditions of
employment. To maintain continuity of pension benefits, the district
shall have the right to appoint at least one representative to any
joint labor-management retirement board that administers a retirement
plan in which employees of the district and employees of the
district organized pursuant to Part 3 (commencing with Section 27000)
of Division 16 of the Streets and Highways Code are participants,
provided that an equal number of employer and employee
representatives on the retirement board is maintained. In addition,
the district shall enter into a reciprocity agreement through the
Public Employees' Retirement System (PERS) which recognizes PERS
service with the district organized pursuant to Part 3 (commencing
with Section 27000) of Division 16 of the Streets and Highways Code
of any district employee employed in a collective bargaining unit set
forth in Section 105151 whose members' pensions are provided through
PERS.
Article 3. Rights of Employees of Existing Facilities
105160. (a) Whenever the district acquires existing facilities
from a publicly or privately owned utility, either in proceedings by
eminent domain or otherwise, to the extent necessary for operation of
facilities, all of the employees of the utility whose duties pertain
to the facilities acquired who have been employed by the utility for
at least 75 days shall be appointed to comparable positions in the
district without examination. These employees shall be given sick
leave, seniority, and vacation credits in accordance with the records
of the acquired public utility. No employee of any acquired public
utility shall suffer any worsening of wages, seniority, pension,
vacation, or other benefits by reason of the acquisition.
(b) The provisions of this section shall not apply to officers or
managerial employees of the acquired utility except as designated by
the board.
105161. Whenever the district acquires existing facilities from a
publicly or privately owned utility, either in proceedings in
eminent domain or otherwise, that has a pension plan in operation,
members and beneficiaries of the pension plan shall continue to have
the rights, privileges, benefits, obligations, and status with
respect to the established system. The outstanding obligations and
liabilities of the public utility by reason of that pension plan
shall be considered and taken into account and allowance made
therefor in the purchase price of the public utility. The persons
entitled to pension benefits as provided in this section and the
benefits that are provided shall be specified in the agreement or
order by which any public utility is acquired by the district.
Article 4. Retirement System
105170. The adoption, terms, and conditions of any retirement
system covering employees of the district in a bargaining unit
represented by a labor organization shall be pursuant to a collective
bargaining agreement between the labor organization and the
district. For purposes of this section, "officers" does not include
members of the board.
105171. The board may contract with the Board of Administration
of the Public Employees' Retirement System or with a retirement
system maintained pursuant to the County Employees Retirement Law of
1937 and enter all, or any portion, of its employees under either of
those systems. Employees of the district in a bargaining unit that
is represented by a labor organization shall not be included in the
contract except as authorized by a collective bargaining agreement.
105172. All persons receiving pension benefits from an acquired
public utility, and all persons entitled to pension benefits under
any pension plan of the acquired public utility, may become members
or receive pensions under a pension plan established by the district
by mutual agreement of those persons and the district. The agreement
may provide for the waiver of all rights, privileges, benefits, and
status with respect to the pension plan of the acquired public
utility.
Article 5. Other Benefits
105180. The district shall obtain coverage for the district and
its employees under Title II of the federal Social Security Act, as
amended, (42 U.S.C. Sec. 401 et seq.) and the related provisions of
the Federal Contributions Act, as amended (26 U.S.C. Sec. 3101 et
seq.).
105181. The district shall obtain coverage for the district and
its employees under the workers' compensation, unemployment
compensation, and disability and unemployment insurance laws of this
state.
CHAPTER 6. BONDS AND OTHER EVIDENCE OF INDEBTEDNESS
Article 1. Authorization and Issuance of General Obligation
Bonds
105200. Whenever the board deems it necessary for the district to
incur a bonded indebtedness for the acquisition or improvement of
real property authorized by this part or necessary or convenient for
the carrying out of the powers of the district, the board shall, by
ordinance, adopted by a vote of two-thirds of all members of the
board, so declare and call an election to be held in the district for
the purpose of submitting to the qualified voters thereof the
proposition of incurring indebtedness by the issuance of bonds of the
district, provided the total amount of bonds issued and outstanding
pursuant to this article shall not exceed 15 percent of the assessed
value of the taxable property of the district as shown by the last
equalized assessment roll of the counties within the district. The
ordinance shall state:
(a) The purposes for which the proposed debt is to be incurred,
which may include all costs and estimated costs incidental to or
connected with the accomplishment of those purposes, including,
without limitation, engineering, inspection, legal, fiscal agents,
financial consultant, and other fees; bond and other reserve funds;
working capital; bond interest estimated to accrue during the
construction period and for a period not to exceed three years
thereafter; and expenses of all proceedings for the authorization,
issuance, and sale of the bonds.
(b) The estimated cost of accomplishing those purposes.
(c) The amount of the principal of the indebtedness.
(d) The maximum term the bonds proposed to be issued shall run
before maturity, which shall not exceed 50 years from the date
thereof or the date of each series thereof.
(e) The maximum rate of interest to be paid, which shall not
exceed 7 percent per annum.
(f) The proposition to be submitted to the voters, which may
include one or more purposes.
(g) The date of the election.
(h) The manner of holding the election and the procedure for
voting for or against the measure.
(i) The ordinance may also contain any other matters authorized by
this part or any other law.
105201. Notice of holding of the election shall be given by
publishing, pursuant to Section 6066 of the Government Code, the
ordinance calling the election in at least one newspaper published in
the district. No other notice of the election need be given.
Except as otherwise provided in the ordinance, the election shall be
conducted as other district elections.
105202. If any proposition is defeated by the electors, the board
shall not call another election on a substantially similar
proposition to be held within six months after the prior election.
If a petition requesting submission of this type of a proposition,
signed by 15 percent of the district electors, as shown by the votes
cast for all candidates for governor within the district at the last
gubernatorial election, is filed with the board, the board may call
an election before the expiration of six months.
105203. If two-thirds of the electors voting on the proposition
vote for it, then the board may, by resolution, at the time or times
it deems proper, issue bonds of the district for the whole or any
part of the amount of the indebtedness so authorized and may from
time to time, by resolution, provide for the issuance of any
necessary amounts, until the full amount of the bonds authorized
shall have been issued. The full amount of bonds may be divided into
two or more series and different dates and different dates of
payment fixed for the bonds of each series. A bond need not mature
on an anniversary of its date. The maximum term the bonds of any
series shall run before maturity shall not exceed 50 years from the
date of each series respectively. In the resolution or resolutions,
the board shall prescribe the form of the bonds (including, without
limitation, registered bonds and coupon bonds) and the form of any
coupons to be attached thereto, the registration, conversion, and
exchange privileges, if any, pertaining thereto, and fix the time
when the whole or any part of the principal shall become due and
payable.
105204. The bonds shall bear interest at a rate or rates not
exceeding 7 percent per annum, payable semiannually, except that the
first interest payable on the bonds or any series thereof may be for
any period not exceeding one year as determined by
the board. In the resolution or resolutions
providing for the issuance of the bonds, the board may also provide
for call and redemption of the bonds prior to maturity at the times
and prices and upon any other terms it may specify, but no bond shall
be subject to call or redemption prior to maturity unless it
contains a recital to that effect or unless a statement to that
effect is printed thereon. The denomination or denominations of the
bonds shall be stated in the resolution providing for their issuance,
but shall not be less than one thousand dollars ($1,000). The
principal of and interest on the bonds shall be payable in lawful
money of the United States at the office of the treasurer of the
district or at any other place or places that may be designated, or
at either place or places at the option of the holders of the bonds.
The bonds, or series thereof, shall be dated and numbered
consecutively and shall be signed by the chairperson of the board and
the treasurer, countersigned by the secretary and the official seal
of the district attached. The interest coupons of the bonds shall be
signed by the treasurer. All signatures, countersignatures, and
seal may be printed, lithographed, or mechanically reproduced, except
that one of the signatures or countersignatures on the bonds shall
be manually affixed. If any officer whose signature or
countersignature appears on bonds or coupons ceases to be an officer
before the delivery of the bonds, his or her signature is as
effective as if he or she had remained in office.
105205. The bonds may be sold as the board determines by
resolution but for not less than par. Before selling the bonds or
any part thereof, the board shall give notice inviting sealed bids in
a manner as it may prescribe. If satisfactory bids are received,
the bonds offered for sale shall be awarded to the highest
responsible bidder. If no bids are received or if the board
determines that the bids received are not satisfactory as to price or
responsibility of the bidders, the board may reject all bids
received, if any, and either readvertise or sell the bonds at private
sale.
105206. Delivery of any bonds may be made at any place either
inside or outside the state, and the purchase price may be received
in cash or bank credits.
105207. All accrued interest and premiums received on the sale of
bonds shall be placed in the fund to be used for the payment of
principal of and interest on the bonds and the remainder of the
proceeds of the bonds shall be placed in the treasury to the credit
of the proper improvement fund and applied exclusively to the
purposes for which the debt was incurred; provided, however, that
when those purposes have been accomplished any moneys remaining in
the improvement fund (a) shall be transferred to the fund to be used
for the payment of principal of and interest on the bonds, or (b)
shall be placed in a fund to be used for the purchase of outstanding
bonds of the district from time to time in the open market at the
prices and in the manner, either at public or private sale or
otherwise, as the board may determine. Bonds so purchased shall be
canceled immediately.
105208. After the expiration of three years after a bond election
the board may determine, by ordinance adopted by a vote of
two-thirds of all the members of the board, that any or all of the
bonds authorized at the election remaining unsold shall not be issued
or sold. When the ordinance takes effect, the authorization to
issue these bonds shall become void.
105209. Whenever the board deems that the expenditure of money
for the purposes for which the bonds were authorized by the voters is
impractical or unwise, it may, by ordinance adopted by a vote of
two-thirds of all members of the board, so declare and call an
election to be held in the district for the purpose of submitting to
the qualified voters thereof the proposition of incurring
indebtedness by the issuance of these bonds for some other purposes
or, in the case where bonds have been sold, the proposition to use
the proceeds for some other purposes. The procedure, so far as
applicable, shall be the same as when a bond proposition is
originally submitted.
105210. The board may provide for the issuance, sale, or exchange
of refunding bonds to redeem or retire any bonds issued by the
district upon the terms, at the times, and in the manner which it
determines. Refunding bonds may be issued in a principal amount
sufficient to pay all or any part of the principal of the outstanding
bonds, the interest thereon, and the premiums, if any, due upon call
and redemption thereof prior to maturity and all expenses of the
refunding. The provisions of this article for issuance and sale of
bonds apply to the issuance and sale of the refunding bonds, except
that (a) no election need be called or held for the purpose of
authorizing the issuance of refunding bonds, and (b) when refunding
bonds are to be exchanged for outstanding bonds, the method of
exchange shall be determined by the board.
105211. The provisions of Article 4 (commencing with Section
53500) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code are applicable to the district.
105212. Any bonds that are issued under the provisions of this
article shall be legal investment for all trust funds; for the funds
of insurance companies, banks, both commercial and savings, and trust
companies; and for state school funds. Whenever any money or funds
may, by any law now or hereafter enacted, be invested in bonds of
cities, cities and counties, counties, school districts, or other
districts within the state, the money or funds may be invested in the
bonds issued under this part. Whenever bonds of cities, cities and
counties, counties, school districts, or other districts within this
state may, by any law now or hereafter enacted, be used as security
for the performance of any act or the deposit of any public moneys,
the bonds issued under this part may be so used. The provisions of
this article shall be in addition to all other laws relating to legal
investments and shall be controlling as the latest expression of the
Legislature with respect thereto.
105213. The board may enter into any covenants deemed proper to
provide for issuance of additional parity bonds and the priority and
pledge of special taxes; and any other covenants that are customary
or desirable in the issuance of any bonds payable out of special
funds or that are necessary, convenient, or desirable to secure the
bonds or tending to make them more marketable, subject to the
provisions of the ordinance calling the bond election.
Article 2. Revenue Bonds
105220. The district may issue bonds, payable from revenue 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, except that Article 3 (commencing with
Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the
Government Code and the limitations set forth in subdivision (b) of
Section 54402 and in Sections 54403 and 54418 of the Government Code
do not apply to the issuance and sale of bonds pursuant to this
article. As used in Section 54315 of the Government Code, "revenues"
shall include, but not be limited to, the proceeds of, or any
portion of the proceeds of, a sales and use tax imposed under Article
5 (commencing with Section 105115) of Chapter 4 or under any other
provisions of law, so long as the resolution authorizing the bonds
contains no restriction that would provide that this tax shall not
continue to be imposed until the bonds are fully paid or a provision
has been made for their payment in full.
105221. 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 the system or any or all rail transit
facilities and all additions, extensions, and improvements thereto
authorized to be acquired, constructed, or completed by the district.
The district may issue revenue bonds under the Revenue Bond Law of
1941, for any one or more rail transit facilities authorized to be
acquired, constructed, or completed by the district or, in the
alternative, may issue revenue bonds under the Revenue Bond Law of
1941, for the acquisition, construction, and completion of any rail
transit 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 rail transit facilities authorized
hereunder, and all proceedings may be carried on simultaneously or,
in the alternative, as the board may determine.
Article 3. Equipment Trust Certificates
105230. The district shall have power to purchase rail transit
equipment such as cars or rolling equipment; and may execute
agreements, leases, and equipment trust certificates in the forms
customarily used by private corporations engaged in the rail transit
business appropriate to effect purchase and leasing of rail transit
equipment and may dispose of the equipment trust certificates upon
the terms and conditions the board deems appropriate. Payment for
the equipment, or rentals therefor, may be made in installments, and
the deferred installments may be evidenced by equipment trust
certificates payable from any source or sources of funds specified in
the certificates that are or will be legally available to the
district. Title to the equipment shall not rest in the district
until the equipment trust certificates are paid.
105231. 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 to transact business in the state
as trustee, for the benefit and security of the equipment trust
certificates and may direct the trustee to deliver the rolling
equipment to one or more designated officers of the district and may
authorize the district to execute and deliver simultaneously
therewith an installment purchase agreement or a lease of the
equipment to the district.
105232. 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 acknowledgment of deeds. The
agreements, leases, and equipment trust certificates shall be
authorized by resolution of the district and shall contain the
covenants, conditions, and provisions deemed necessary or appropriate
to insure the payment of the equipment trust certificates from
legally available sources of funds specified in the certificates.
105233. The covenants, conditions, and provisions of the
agreements, leases, and equipment trust certificates shall not
conflict with any of the provisions of any trust agreement securing
the payment of bonds, notes, or certificates of the district.
Article 4. Improvement Acts and Special Benefit Districts
105240. The Improvement Act of 1911 (Part 1 (commencing with
Section 5000) of Division 7 of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Chapter 1 (commencing with Section
10000) of Division 12 of the Streets and Highways Code), and the
Improvement Bond Act of 1915 (Part 1 (commencing with Section 8500)
of Division 10 of the Streets and Highways Code) are applicable to
the district.
105241. The provisions of Chapter 1 (commencing with Section
99000) of Part 11 of Division 10 of the Public Utilities Code are
applicable to the district.
Article 5. Temporary Borrowing
105250. The district may borrow money in accordance with the
provisions of Article 7 (commencing with Section 53820), or of
Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the Government Code.
105251. The district may borrow money in anticipation of the sale
of bonds that have been authorized to be issued, but have not been
sold and delivered, and may issue negotiable bond anticipation notes
therefor and may renew the same from time to time. The maximum
maturity of those notes, including the renewals thereof, shall not
exceed five years from the date of delivery of the original notes.
The notes may be paid from any moneys of the district available
therefor and not otherwise pledged. If not previously otherwise
paid, the notes shall be paid from the proceeds of the next sale of
the bonds of the district in anticipation of which they were issued.
The notes shall not be issued in any amount in excess of the
aggregate amount of bonds which the district has been authorized to
issue, less the amount of any bonds of that authorized issue
previously sold, and also less the amount of other bond anticipation
notes therefor issued and then outstanding. The notes shall be
issued and sold in the same manner as the bonds. The notes and the
resolution or resolutions authorizing them may contain any
provisions, conditions, or limitations that a resolution of the
district authorizing the issuance of bonds may contain.
Article 6. Miscellaneous
105260. The district may bring an action to determine the
validity of any of its bonds, equipment trust certificates, warrants,
notes, or other evidences of indebtedness pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure.
105261. All bonds and other evidences of indebtedness issued by
the district under the provisions of this part, and the interest
thereon, are free and exempt from all taxation within the state,
except for transfer, franchise, inheritance, and estate taxes.
105262. Notwithstanding any other provisions of this part or any
other law, the provisions of all ordinances, resolutions, and other
proceedings in the issuance by the district of any bonds, bonds with
a pledge of revenues, bonds for improvement districts, revenue bonds,
equipment trust certificates, notes, or any and all evidences of
indebtedness or liability shall constitute a contract between the
district and the holders of the bonds, equipment trust certificates,
notes, or evidences of indebtedness or liability and the provisions
thereof shall be enforceable against the district, or any or all of
its successors or assigns, by mandamus or any other appropriate suit,
action, or proceeding in law or in equity in any court of competent
jurisdiction. Nothing contained in this part or in any other law
shall be held to relieve the district or the territory included
within it from any bonded or other debt or liability contracted by
the district. Upon dissolution of the district or upon withdrawal of
territory therefrom, the property formerly included within the
district or withdrawn therefrom shall continue to be liable for the
payment of all bonded and other indebtedness or liabilities
outstanding at the time of the dissolution or withdrawal the same as
if the district had not been so dissolved or the territory withdrawn
therefrom, and it shall be the duty of the successors or assigns to
provide for the payment of the bonded and other indebtedness and
liabilities. Except as may be otherwise provided in the proceedings
for the authorization, issuance, and sale of any revenue bonds, bonds
secured by a pledge of revenues or bonds for improvement districts
secured by a pledge of revenues, revenues of any kind or nature
derived from any revenue-producing improvements, works, facilities,
or property owned, operated or controlled by the district shall be
pledged, charged, assigned, and have a lien thereon for the payment
of the bonds as long as they are outstanding, regardless of any
change in ownership, operation, or control of those revenue-producing
improvements, works, facilities, or property and it shall, in such
later event or events, be the duty of the successors or assigns to
continue to maintain and operate the revenue-producing improvements,
works, facilities, or property as long as bonds are outstanding.
CHAPTER 7. ANNEXATION
105280. Territory may be annexed to the district in the manner
provided in this chapter.
105281. A county contiguous to the district may, by majority vote
of the board of supervisors of that county, petition the district to
annex all or part of the territory within the county.
Alternatively, the board of the district may propose annexation of
any territory contiguous to the district.
105282. If annexation is proposed pursuant to Section 105281, the
board shall determine whether the additional territory proposed to
be annexed will be benefited by annexation to the district, and shall
pass a resolution to that effect. The resolution shall be passed by
a vote of two-thirds of the members of the board and be approved by
the board of supervisors of the county in which the territory is
situated.
105283. The board of supervisors of the county in which the
territory to be annexed is situated shall agree in writing with the
board of directors of the district upon the terms and conditions of
annexation. The agreement may provide for the levy and collection of
special taxes within the county in addition to the taxes elsewhere
provided for in this part, the fixing of rates, rentals, and charges
differing from those fixed or existing elsewhere within the district,
the incurring or assumption of indebtedness, the making of a payment
or payments, or the transfer of property, real and personal, and
other assets to the district by the county.
105284. The resolution shall:
(a) Describe the boundaries of the territory proposed to be
annexed.
(b) Designate the proposed annexation by an appropriate name.
(c) Declare that the area to be annexed to the district will be
benefited by annexation.
(d) Name the time and place for the hearing of objections by any
person interested in the proposed annexation.
(e) Describe any terms and conditions of annexation agreed to
between the district and the county pursuant to Section 105283.
105285. The resolution, together with the names of the members of
the board voting for and against it, shall be published pursuant to
Section 6066 of the Government Code in a newspaper published in the
territory proposed to be annexed, or if there is no paper, then in
some newspaper of general circulation, circulated in the territory.
105286. On the day fixed for hearing or on any day to which the
hearing is adjourned, the board shall hear and consider any
objections presented to the annexation of the territory. After the
hearing of objections, if it is determined by a vote of two-thirds of
all the members of the board that the territory proposed to be
annexed will be benefited by annexation, the board shall proceed to
fix and determine the boundaries of the territory to be annexed to
the district.
105287. After making all necessary and proper changes in the
boundaries, by a resolution passed by a vote of two-thirds of the
members, the board shall order the annexation of the territory so
described. The resolution, together with the names of the members of
the board voting for and against the same shall be set forth in the
minutes of the board.
105288. Whenever any territory is annexed to the district it
shall thereupon become a part of the district subject to all the
liabilities and entitled to all the benefits of the district.
CHAPTER 8. SERVICE ZONES
105300. One or more service zones to provide different levels of
service, to provide different facilities or other improvements, or to
raise additional revenues within specific areas of the district, may
be created within the boundaries of the district. A service zone
may consist of one or more cities, with or without unincorporated
territory, or unincorporated territory alone.
105301. (a) Proceedings for the creation of a service zone may be
initiated by resolution of the legislative body or bodies of the
city or cities proposed to be included in the service zone, and if
unincorporated territory is proposed to be included in the service
zone, by resolution of the board or boards of supervisors of the
county or counties in which the unincorporated territory is situated.
(b) The resolution or resolutions shall declare that the public
interest or necessity demands the creation of a service zone, shall
describe its boundaries, and shall request the formation of the
service zone.
(c) When the entire area of a public agency is to be included in
the service zone, it may be described by name.
(d) Certified copies of the resolution or resolutions shall be
filed with the secretary of the district.
105302. (a) As an alternative to the initiation of proceedings
for the formation of a service zone by resolution or resolutions, a
petition may be filed with the secretary of the district signed by
voters equal in number to at least 25 percent of the registered
voters registered within the proposed service zone as determined from
the affidavits of registration. The boundaries of the proposed
service zone shall be described in the petition. When the entire
area of a public agency is to be included in the service zone, it may
be described by name.
(b) The petition shall declare that the public interest or
necessity demands the creation of a service zone within the area of
the district described in the petition. The petition may include one
or more separate documents, but each document shall contain the
affidavit of the party who circulated it, certifying that each name
signed thereto is the true signature of the person whose name it
purports to be.
105303. The secretary of the district shall compare the
signatures in the petition with the affidavits of registration on
file with the county clerk, and he or she shall certify to the board
as to the sufficiency or insufficiency of the petition.
105304. (a) Within 30 days after receipt of the resolution or
resolutions of the legislative body or bodies or receipt of the
certification of the sufficiency of a petition by the secretary of
the district, the board shall initiate proceedings for the formation
of a new service zone by adopting a resolution that does all of the
following:
(1) States that formation of a service zone has been initiated
pursuant to either Section 105301 or 105302.
(2) Sets forth a description of the boundaries of the territory to
be included in the service zone.
(3) States the different services, different levels of service, or
additional revenues that the service zone will provide.
(4) Sets forth the methods by which those services or levels of
service will be financed.
(5) States the reasons for forming the service zone.
(6) Proposes a name or number for the service zone.
(7) Fixes the date, time, and place for the public hearing
regarding the formation of the service zone.
(b) The district shall publish notice of the hearing, including
the information required by subdivision (a), pursuant to Section 6061
of the Government Code, in one or more newspapers of general
circulation in the district. The district shall mail the notice to
all owners of property within the proposed service zone. The
district shall post the notice in at least three public places within
the territory of the proposed service zone.
(c) At the hearing, the board shall hear and consider any protests
to the formation of the service zone. At the conclusion of the
hearing, the board may adopt a resolution ordering the formation of
the service zone.
105305. The board may change the boundaries of a service zone or
dissolve a zone by following the procedures in Section 105301.
105306. A local agency formation commission shall have no power
or duty to review and approve or disapprove a proposal to create a
service zone, a proposal to change the boundaries of a zone, or a
proposal to dissolve a zone.
105307. As determined by the board, a service zone may provide
any service at any level within its boundaries that the district may
provide.
105308. As determined by the board and pursuant to the
requirements of this part, a service zone may exercise any fiscal
powers within its boundaries that the district may exercise.
105309. Any taxes, special taxes, assessments, or fees which are
intended solely for the support of services within a zone shall be
levied, assessed, and collected only within the boundaries of the
zone.
105310. To assist in the operation of a service zone, the board
may appoint one or more advisory groups composed of persons who
reside in or own property in the zone.
CHAPTER 9. DISSOLUTION
105330. If the district operates no rail transit facilities, the
board may call an election at any time for the purpose of submitting
to the voters of the district the question of whether the district
shall be dissolved. Upon the filing with the secretary of the
district of a petition signed by voters within the district equal in
number to at least 25 percent of the total vote cast at the last
general statewide election, asking that the question of dissolution
of the district be submitted to the voters of the district, the board
shall call the election.
105331. The election for the purpose of submitting to the voters
of the district the question of whether or not the district shall be
dissolved shall be held within 60 days following the date on which
the petition is filed.
105332. Notice of any election for dissolution, whether called
because of the filing of a petition or ordered by the board without
petition, shall be published. The date fixed for the election shall
not be less than 30 days from the date of the first publication of
the notice.
105333. The ballots for the election shall contain substantially
the instructions required to be printed on ballots for use at general
state and county elections and, in addition, the following:
,-----------------------------------------------------------------,
: Shall the Sonoma-Marin Area Rail Transit District be : YES : :
: dissolved? :-----:----:
: : NO : :
:______________________________________________________:_____:____:
105334. The board shall canvass the vote. If a majority of the
votes favor dissolution, the board shall by resolution dissolve the
district.
105335. The board shall file a certified
copy of the resolution with the Secretary of State and for record in
the office of the county recorder of the Counties of Marin and Sonoma
and any other county in which territory of the district is situated.
105336. Upon dissolution, the right, title, and interest to any
property owned or controlled by the district which was acquired by
the district from the Golden Gate Bridge, Highway and Transportation
District shall be returned to the Golden Gate Bridge, Highway and
Transportation District or disposed of as designated by the Golden
Gate Bridge, Highway and Transportation District. It is the intent
of the Legislature that any remaining property continue to be held in
public ownership. A joint powers agency, members of which may
include the Counties of Marin and Sonoma, the North Coast Railroad
Authority, and the Golden Gate Bridge, Highway, and Transportation
District, may be formed to hold title to the remaining district
property. If a joint powers agency cannot be formed, the district,
in consultation with the Counties of Marin, Sonoma, Humboldt, and
Mendocino, and the Golden Gate Bridge, Highway, and Transportation
District, shall make a recommendation to the Legislature regarding an
appropriate disposition of the property.
105337. The board shall wind up the affairs of the district.