AB 644 Assembly Bill

BILL NUMBER: AB 644	AMENDED
	BILL TEXT

	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, as amended, 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  an 8-member   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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" means the Board of Directors  or
"board"  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  January   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 
January   July  1, 2010, the Cities of
Carmel-by-the-Sea, Del Rey Oaks, Marina, Monterey, Pacific Grove,
Salinas,  and Seaside and   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  an eight-member   a  board of directors
which shall be composed of one representative from each member
jurisdiction  which includes the Cities of Carmel-by-the-Sea,
Del Rey Oaks, Marina, Monterey, Pacific Grove, Salinas, and Seaside
and the County of Monterey  . 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.  The City of
Gonzales shall appoint a person to serve as a nonvoting, ex officio
member. 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.  
   (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 transportation 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 transportation 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
served by the district 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.  The district shall adopt procurement procedures that
comply with Federal Transit Administration Circular 4220.1D, as
amended, relative to third-party contracting.

      Article 5.  Financing


   106060.  (a) The district has no authority to impose property,
sales, general, 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.