Amended in Assembly April 10, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 664


Introduced by Assembly Member Williams

February 21, 2013


An act to add Part 18 (commencing with Section 107000) to Division 10 of the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 664, as amended, Williams. Gold Coast Transit District.

Existing law creates various transit districts throughout the state, with specified powers and duties relative to providing public transit services.

This bill would create the Gold Coast Transit District in the County of Ventura. The bill would provide that the jurisdiction of the district would initially include the Cities of Oxnard, Ventura, Port Hueneme, and Ojai and the unincorporated areas of the County of Ventura. The bill would authorize other cities in the County of Ventura to subsequently join the district. The bill would dissolve the existing joint powers agency known as Gold Coast Transit, and would create the district, on July 1, 2014. The bill would provide for the transfer of assets from Gold Coast Transit to the district, and would provide for the member agencies of the district to claim a portion of transit funds apportioned to the district under the Transportation Development Act for transit services, including those operated directly by the member agency. The bill would provide for a governing board and would specify voting procedures for the taking of certain actions by the board. The bill would specify the powers and duties of the district to operate transit services, and would authorize the district to seek voter approval of tax measures and to issue revenue bonds. The bill would enact other related provisions. By imposing requirements on the district and affected local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Part 18 (commencing with Section 107000) is
2added to Division 10 of the Public Utilities Code, to read:

3 

4PART 18.  GOLD COAST TRANSIT DISTRICT

5

5 

6Chapter  1. General Provisions
7

 

8

107000.  

This part shall be known and may be cited as the Gold
9Coast Transit District Act.

10

107001.  

The purpose of the transit district is to develop,
11provide, operate, and administer public transportation and to protect
12the public interest, health, and welfare.

13

107002.  

As used in this part, the following terms have the
14following meanings:

15(a) “Agency” means Gold Coast Transit, a joint powers agency
16created pursuant to Article 1 (commencing with Section 6500) of
17Chapter 5 of Division 7 of Title 1 of the Government Code.

18(b) “Board of directors” or “board” means the board of directors
19of the district.

20(c) “Board of Supervisors” means the Ventura County Board
21of Supervisors.

22(d) “County” means the County of Ventura.

23(e) “Director” means a voting member of the board of directors.

P3    1(f) “District” means the Gold Coast Transit District created by
2this part.

3(g) “General manager” means the person defined in subdivision
4(d) of Section 107020.

5(h) “Member” means the County of Ventura, the Cities of
6Oxnard, San Buenaventura (Ventura), Port Hueneme, and Ojai,
7and any other city within the County of Ventura that joins as a
8member of the district as set forth in this part. No person or entity
9of any kind that is not the county or a city in the county may be a
10member.

11(i) “Transit” means the transportation of passengers and their
12incidental baggage.

13(j) “Transit facilities” means any and all real and personal
14property, easements, licenses, equipment, facilities, rights, title,
15or interests owned or acquired by the district for transit services
16and the operation thereof.

17(k) “Voter” means any elector who is registered under the
18Elections Code.

19 

20Chapter  2. Formation of District
21

 

22

107003.  

There is hereby created the Gold Coast Transit District.
23The jurisdiction of the district includes the Cities of Oxnard, San
24Buenaventura (Ventura), Port Hueneme, and Ojai and the
25unincorporated areas of the County of Ventura, and other cities
26that subsequently qualify as members pursuant to the requirements
27set forth in Section 107006.

28

107004.  

On and after July 1, 2014, the agency is dissolved and
29the district succeeds to, and is vested with, all of the rights, powers,
30duties, and obligations of the agency. The district is the successor
31to the agency’s assets, interests in any property, its rights and
32obligations under any contract, any outstanding indebtedness of
33the agency, and its rights under any grants, without the necessity
34of any further action.

35

107005.  

The district shall assume the duties of public transit
36provider performed by the agency. On and after July 1, 2014, the
37Cities of Oxnard, San Buenaventura (Ventura), Port Hueneme,
38Ojai, the County of Ventura, and other jurisdictions that
39subsequently qualify as members pursuant to the requirements set
40forth in Section 107006 are included within the district.

P4    1

107006.  

Any city within the County of Ventura, other than a
2city specifically listed in Section 107003 that is already included
3in the district at its formation, may join as a member of the district
4upon approval by its city council of a resolution approving the
5city’s joining as a member and a resolution of the district’s board
6approving the joining of the new member.

7

107007.  

If any portion of the unincorporated area of the county
8is annexed to a member city, that city shall assume the begin insertservice end insert
9obligation of the county for that area. If any portion of the
10unincorporated area of the county becomes incorporated, the
11incorporating city shall assume the begin insertservice end insertobligations of the county
12for that area.

13

107008.  

Upon dissolution of the agency, employees of the
14agency shall be deemed to be employees of the district without
15any break in service or any loss or reduction of compensation or
16benefits, except as may be imposed by express action of the board.

17

107009.  

(a) Notwithstanding subdivisions (a) and (c) of Section
1899231 of the Public Utilities Code, the apportionment area for the
19County of Ventura includes the unincorporated area of the county,
20regardless of whether that area is also within the boundaries of the
21district.

22(b) Notwithstanding Section 99209 of the Public Utilities Code,
23the County of Ventura, including any nonprofit corporation or
24other legal entity wholly owned or controlled by the County of
25Ventura, is a municipal operator if it operates a public
26transportation system regardless of whether the County of Ventura
27is included, in whole or in part, within the district. All members
28of the district may claim from the district a portion of the funds
29made available from the local transportation fund apportioned by
30the Ventura County Transportation Commission to the district for
31transit services, including the operation of locally supported transit
32service and maintenance of the transit facilities not provided by
33the district that the member funds or operates.

34 

35Chapter  3. Government of the District
36

 

37

107010.  

(a) The district shall be governed by a board composed
38of a minimum of five directors, which may be expanded with the
39addition of new member cities but shall not exceed 11 directors.
40 One director shall be appointed by the governing body of each
P5    1member. Each director shall serve at the pleasure of the director’s
2appointing authority. Directors appointed pursuant to the joint
3powers agreement, which is superseded by formation of the district,
4shall continue to serve at the pleasure of the director’s appointing
5authority. Each director shall at all times during the director’s term
6be a member of the governing body of the member that appointed
7the director.

8(b) The governing body of each member shall also appoint an
9alternate director, who shall serve on the board during the absence
10or disability of the member’s regular director. The alternate director
11shall meet the same qualifications and shall serve upon the same
12conditions and for the same term as the regular director. Whenever
13the alternate director serves on the board, the alternate director
14shall have all the powers of a regular director.

15(c) The board may designate one or more ex officio members
16based on district adopted procedures. The duties and
17responsibilities of such nonvoting ex officio members shall be set
18forth in the adopted bylaws.

19(d) All actions of the board shall be by majority vote on a one
20director, one vote formula with the exception of votes on the annual
21budget, midyear budget changes and amendments, and capital
22expenditures of five million dollars ($5,000,000) or more. The
23vote for these specific issues shall be weighted, as set forth in
24 subdivision (e).

25(e) Where this subdivision is applicable, a director appointed
26by a member whose population is under 100,000 shall have a vote
27whose value and effect is equal to 1.0 vote and a director appointed
28by a member whose population is 100,000 or more shall have a
29vote whose value and effect is equal to 2.0 votes. The annual
30population estimates of the Department of Finance shall be used
31with an updated formula presented to the board annually at the
32first board meeting after release of the estimates. The weighted
33vote of any single director shall not, of itself, be given the value
34or effect of a majority vote. A weighted vote may not be split by
35any director.

36(f) The board shall adopt bylaws for its proceedings consistent
37with the laws of the state.

38(g) The board shall do all of the following:

39(1) Adopt an annual budget.

P6    1(2) Adopt an administrative code, by ordinance, which prescribes
2the powers and duties of the district officers, the method of
3appointment of the district employees, and the methods,
4procedures, and systems of operation and management of the
5district.

6(3) Make determination of policy for the district.

7(4) Adopt a conflict-of-interest code.

8(5) Cause a postaudit of the financial transactions and records
9of the district to be made at least annually by a certified public
10accountant.

11(6) Create and administer funds of the district.

12(7) Adopt priorities reflecting the district’s goals.

13(8) Do any and all things necessary to carry out the purposes of
14this part.

15 

16Chapter  4. Meetings
17

 

18

107011.  

The board, at its first meeting, and thereafter annually
19at the meeting designated by the board, shall elect a chair, who
20shall preside at all meetings, and a vice chair, who shall preside
21in the absence of the chair. In the event of the chair’s or vice chair’s
22absence or inability to act, the directors present, provided a quorum
23exists, by an order entered into the minutes, shall select one director
24to act as chair pro tempore, who, while so acting, shall have all
25the authority of the chair.

26

107012.  

All meetings of the board and any standing committees
27shall be conducted in a manner prescribed by the Ralph M. Brown
28Act (Chapter 9 (commencing with Section 54950) of Part 1 of
29Division 2 of Title 5 of the Government Code).

30

107013.  

A majority of the board or of a standing committee
31entitled to vote constitutes a quorum for the transaction of business.
32All official acts of the board or a standing subcommittee of the
33board require the affirmative vote of a majority of the board or
34committee members present.

35

107014.  

The acts of the board shall be expressed by motion,
36resolution, or ordinance.

 

P7    1Chapter  5. Powers of the District
2

 

3

107015.  

The district shall have the power to own, operate,
4manage, and maintain a public transit system and associated
5facilities, and, in the exercise of the power under this part, the
6district is authorized in its own name to do all of the following:

7(a) Adopt a seal and alter it at its pleasure.

8(b) Enact ordinances, resolutions, policies, and guidelines.

9(c) Employ agents and employees and contract for professional
10services.

11(d) Make and enter into contracts and enter into stipulations of
12any nature whatsoever and do all acts necessary and convenient
13for the full exercise of the powers granted in this part for the
14operation of the district and transit services and facilities.

15(e) Acquire, convey, construct, manage, maintain, and operate
16buildings and improvements, equipment, and assets of the district.

17(f) Acquire, convey, and dispose of real and personal property,
18easements, and licenses.

19(g) Adopt a conflict-of-interest code.

20(h) Lease and sublease real and personal property, equipment,
21and facilities.

22(i) Create and administer funds and the distribution of those
23funds.

24(j) Create and enact taxes, fees, fares, and penalties, as permitted
25by law.

26(k) Advocate on behalf of the district.

27(l) Develop and pursue ballot measures.

28(m) Enforce criminally or civilly, as applicable, any and all
29ordinances, resolutions, and policies as permitted by law.

30(n) Create standing and ad hoc committees, as deemed
31necessary.

32(o) Incur and encumber debts, obligations, and liabilities,
33including, but not limited to, bonds, notes, warrants, and others
34forms of indebtedness. However, the debts, obligations, and
35liabilities incurred by the district shall not be, nor shall they be
36deemed to be, debts, encumbrances, obligations, or liabilities of
37any member.

38(p) Invest money in the district treasury that is not needed for
39immediate necessities, as the board determines advisable, in the
P8    1same manner and upon the same conditions as other local entities
2in accordance with Section 53601 of the Government Code.

3(q) Pursue collection of obligations owed to the district.

4(r) Sue and be sued, except as otherwise provided by law, in all
5actions and proceedings, in all courts and tribunals of competent
6jurisdiction.

7(s) Exercise the right and power of eminent domain to take any
8property necessary or convenient to the exercise of the powers
9granted in this part.

10(t) Subject to applicable law, provide transportation services or
11facilities outside the district’s jurisdictional boundaries provided
12a finding is made by the board that those services or facilities
13 benefit the citizens or users of the transportation service or
14facilities.

15(u) Do and undertake any and all other acts reasonable and
16necessary to carry out the purposes of this part.

17

107016.  

(a) The district shall provide, operate, manage, and
18maintain a public transportation service serving and connecting
19the territories of the members. Within the district’s capabilities,
20as determined by the board, service may also be provided to points
21outside the territories of the members, with the prior approval of
22thebegin delete public entityend deletebegin insert nonmember cityend insert having jurisdiction of the territory
23to be served. Within the district’s capabilities, expanded
24transportation services, routes, and facilities may also be provided.
25begin insert If the district proposes to provide expanded services that would
26serve the area of interest surrounding a nonmember city, as defined
27by the Ventura County Local Agency Formation Commission, the
28district shall provide at least 90 days’ prior written notice to that
29city of the proposed service and thereafter shall make a reasonable
30effort to meet and confer with officials from that city regarding
31the proposed service before commencement of the service.end insert

32(b) (1) The district shall provide a standardized system of fares
33and a uniform system of transfers. Except as otherwise provided
34in paragraph (2), changes in fares and changes in routes shall be
35made only following a public hearing on the proposed change,
36with detailed notice made to the governing bodies of the members
37and the public at least 30 days prior to the proposed public hearing.

38(2) Implementation of minor changes in routes and times may
39be made without notice and hearing by the board. Those minor
40changes may be implemented by the general manager without
P9    1notice and hearing under guidelines established by the board, if
2the district has the equipment to make the minor changes without
3reduction of its existing services elsewhere and the changes do not
4result in additional costs to the district or the members. The term
5“minor change” means less than 20 percent of the miles or hours
6of a route.

7(c) In the performance of its operations, the district shall seek
8out and make maximum use of all available programs of assistance,
9may apply for and receive public and private grants that promote
10the operation of the district, and shall establish and maintain close
11liaison with federal, state, and regional agencies.

12(d) The district may either operate the transit system itself or a
13part thereof or it may contract with any other public or private
14agency or corporation to operate all or part of the transit system
15for the district or it may contract with any public or private agency
16or corporation for the improvement in transit services, facilities,
17equipment, or operations being operated and conducted by that
18agency or corporation in, or out of, the district, as permitted by
19law.

20

107017.  

(a) In the performance of its operations, the district
21shall do all of the following:

22(1) Keep and maintain records and books of accounts in
23accordance with the uniform system of accounts and records
24adopted by the Controller pursuant to Section 99243 of the Public
25Utilities Code.

26(2) Provide for and submit to an annual independent audit of
27its total operations. A copy of each audit report shall be filed with
28the finance officer of each of the member agencies not later than
29120 days following the close of each fiscal year.

30(3) Consider and, following a public hearing, adopt an annual
31operating and capital expenditure budget and a five-year capital
32expenditure program, in compliance with the requirements of local,
33state, and federal laws.

34(4) Provide for insurance coverage of liability, operations, and
35assets.

36(5) Provide for district employee retirement benefits under the
37program administered by the California Public Employees’
38Retirement System or other system permitted by law.

39(b) The district fiscal year shall be July 1 through June 30.

P10   1(c) Notice of the time and place of a public hearing on the
2adoption of the annual budget shall be published pursuant to
3Section 6061 of the Government Code not less than 15 days prior
4to the day of the hearing. The proposed annual budget shall be
5available for public inspection at least 15 days prior to the hearing.
6 Copies of the proposed annual budget and the capital expenditure
7program shall be submitted to the governing bodies of the member
8agencies for review and comment at least 30 days prior to the date
9scheduled for public hearing and final adoption.

10

107018.  

(a) The district may, with the concurrence of a
11majority of the board, cause to be submitted to voters of the district
12a ballot measure for the imposition of taxes.

13(b) If approved as required by law, the district may impose and
14administer fees and other funding sources secured for transportation
15system operation, maintenance, and improvement.

16(c) The board may set fares for public transit service by
17resolution.

18(d) As an alternative procedure for the raising of funds, the
19district may issue bonds, payable from revenues of any facility or
20enterprise to be acquired or constructed by the district, in the
21manner provided by the Revenue Bond Law of 1941 (Chapter 6
22(commencing with Section 54300) of Part 1 of Division 2 of Title
235 of the Government Code), all of the provisions of which are
24applicable to the district.

25(e) The district is a local agency within the meaning of the
26Revenue Bond Law of 1941 (Chapter 6 (commencing with Section
2754300) of Part 1 of Division 2 of Title 5 of the Government Code).
28The term “enterprise” as used in the Revenue Bond Law of 1941
29shall, for all purposes of this part, include transit facilities and any
30and all parts thereof and all additions, extensions, and
31improvements thereto and all other facilities authorized acquired,
32constructed, or completed by the district. The district may issue
33revenue bonds under the Revenue Bond Law of 1941, for any one
34or more facilities or enterprises authorized to be acquired,
35constructed, or completed by the district, or, in the alternative,
36may issue revenue bonds under the Revenue Bond Law of 1941,
37for the acquisition, construction, and completion of any one of
38those facilities. Nothing in this part shall prevent the district from
39availing itself of, or making use of, any procedure provided in this
40part for the issuance of bonds of any type or character for any of
P11   1the facilities or works authorized under this part, and all
2proceedings may be carried out simultaneously or, in the
3alternative, as the directors may determine.

4(f) The district may advocate on and act on behalf of all
5members with their concurrence to further the district’s transit
6interests, funding, projects, and priorities.

7(g) The district may promulgate a plan for funding transit
8projects or operations within its jurisdiction or as permitted in
9subdivision (t) of Section 107015.

10

107019.  

In the performance of its operations, the district shall
11comply with Title VI of the Civil Rights Act of 1964 (Public Law
1288-352) and all requirements imposed by the Federal Transit
13Administration. The district’s operations shall be performed in
14accordance with Title VI of that act to the end that no person in
15the United States shall, on the ground of race, color, or national
16origin, be excluded from participation in, be denied the benefits
17of, or otherwise be subjected to discrimination under the district’s
18operations.

19

107020.  

(a) The district may hire an independent staff of its
20own or contract with any department or agency of the United States
21or with any public or private entity to implement this part.

22(b) The district may contract with public or private entities in
23conformance with applicable procurement procedures for the
24procurement of engineering, project management, and contract
25management services.

26(c) The board shall fix the compensation of the district’s officers
27and employees.

28(d) The district may employ employees and agents as the board
29may deem necessary to carry out its powers and duties, including,
30but not limited to, a general manager and legal counsel. The general
31manager and legal counsel shall be selected by, and shall serve at
32the pleasure of, and upon the terms prescribed by, the board.

33

107021.  

The general manager, and every officer or person
34under the direction of the general manager who handles, has access
35to, or has charge of any property of the district, shall provide and
36file with the general manager an official fidelity bond or insurance
37policy assuring to the district that person’s performance. The board
38shall determine and establish the penal sum of each official bond.
39Premiums charged for each bond required shall be paid by the
40district.

P12   1

107022.  

The members, whether individually or collectively,
2shall not be liable for any act or omission of the district, including,
3but not limited to, any of the following:

4(a) Performing any and all things necessary to carry out the
5purposes of this part.

6(b) Any act of the district, or for any act of district’s agents or
7employees.

8(c) The payment of wages, benefits, or other compensation to
9officers, agents, or employees of the district.

10(d) The payment of workers’ compensation or indemnity to
11agents or employees of the district for injury, illness, or death.

12 

13Chapter  6. Claims
14

 

15

107023.  

(a) All claims for money or damages against the
16district are governed by Division 3.6 (commencing with Section
17810) of Title 1 of the Government Code, except as provided therein
18or by other statutes or regulations expressly applicable thereto.

19(b) No claim for money or damages shall be considered by the
20board unless the claim conforms to the provisions of Chapter 2
21(commencing with Section 910) of Division 3.6 of Title 1 of the
22Government Code and unless the claim is filed with the clerk of
23the board not less than five days prior to the time of the meeting
24of the board at which it is to be considered.

25(c) Pursuant to Section 935 of the Government Code, all claims
26against the district for money or damages that are excepted by
27Section 905 of the Government Code from the provisions of
28Division 3.6 (commencing with Section 810) of Title 1 of the
29Government Code, and which are not governed by any other
30statutes or regulations expressly relating thereto, shall be governed
31by the procedures prescribed in this section, as follows:

32(1) A signed written claim shall be presented to the district by
33mailing or delivering it to the clerk of the board by the claimant
34or by a person acting on behalf of the claimant. The claim shall
35conform to the requirements of Section 910 of the Government
36Code or be on a form provided by the district.

37(2) Unless otherwise provided in this section, the procedures of
38presentation, consideration, and action upon all claims filed
39pursuant to this section shall be the same as the procedures
40provided and required by Sections 910 to 915.2, inclusive, of the
P13   1Government Code, and any amendment thereto as enacted, which
2provisions and sections are hereby adopted as the requirements of
3this section. The presentation and action on claims provided herein
4shall be a prerequisite to a suit thereon, and the suit shall be subject
5to the provisions of Sections 945.5 and 945.6 of the Government
6Code.

7 

8Chapter  7. Detachments
9

 

10

107024.  

(a) Territory within the district may be detached from
11the district by a supermajority vote of the directors, which shall
12be at least 80 percent of the nonweighted vote of the existing board
13provided that all pending legal and financial obligations have been
14satisfied.

15(b) The detachment of territory from the district shall become
16effective upon giving of the notice required in Section 57204 of
17the Government Code, provided that the detached territory shall
18not be relieved from liability for taxation for the payment of any
19bonded indebtedness existing at the time of detachment.

20(c) Notice of the detachment of territory from the district shall
21be given to each assessor whose roll is used for a tax levy made
22pursuant to this part and with the State Board of Equalization
23pursuant to Chapter 8 (commencing with Section 54900) of Part
241 of Division 2 of Title 5 of the Government Code.

25 

26Chapter  8. Dissolution
27

 

28

107025.  

(a) The district may be dissolved upon a supermajority
29vote of the directors which shall be at least 80 percent of the
30nonweighted vote of the board. However, the winding up of the
31district shall be conducted by the board and the general manager.
32The district shall not be fully dissolved and terminated until all
33debts, financial obligations, and liabilities are paid in full and any
34and all remaining assets after payment of all debts, financial
35obligations, and liabilities are distributed to the members.

36(b) (1) If the directors cannot agree as to the valuation of the
37property or to the manner of asset distribution, the question shall
38be submitted to arbitration, as set forth below, and the directors
39shall make the distribution or valuation as directed by arbitrators.

P14   1(2) Three arbitrators shall be appointed. One arbitrator shall be
2selected by the governing bodies of the Cities of Oxnard and San
3Buenaventura, one arbitrator shall be selected by the governing
4bodies of the County of Ventura, the City of Port Hueneme, and
5the City of Ojai, and one arbitrator shall be selected by the
6governing bodies of the other members. If no other members exist,
7the third arbitrator shall be selected by the Presiding Judge of the
8Ventura County Superior Court.

9(3) The arbitration shall be binding and shall be conducted
10pursuant to Title 9 (commencing with Section 1280) of the Code
11of Civil Procedure. Any hearings shall be held within the county.
12All notices, including notices under Section 1290.4 of the Code
13of Civil Procedure shall be given to the governing body of each
14member.

15

SEC. 2.  

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



O

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