BILL ANALYSIS
AB 644
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 644 (Caballero)
As Amended August 19, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |27-5 |(September 1, |
| | | | | |2009) |
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Original Committee Reference: L. GOV.
SUMMARY : Creates the Monterey-Salinas Transit District Act.
The Senate amendments :
1)Clarify that Monterey County (County) must give the
Monterey-Salinas Transit District (District) the right of
first priority of use of any local, state, or federal funds
allocated specifically for public transit to which the County
might otherwise be entitled to claim as, according to a ratio
of unincorporated population within three-quarters of a mile
of the district transit routes the District to the total
unincorporated population of the County.
2)Authorize the District to award contracts for supplies,
equipment, and materials valued at $100,000 or more to the
lowest responsible bidder, or, with the District's discretion,
to the responsible bidder who submitted a proposal that
provides the best value to the District on the basis of the
factors identified in the solicitation.
3)Define "best value" to mean the overall combination of
quality, price, and other elements of a proposal that, when
considered together, provide the greatest overall benefit in
response to the requirements described in the solicitation
documents.
4)State that to the extent possible the District shall obtain a
minimum of three quotes that permit prices and terms to be
compared whenever the expected expenditure will exceed $2,500
but does not exceed $100,000.
EXISTING LAW establishes transit districts.
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AS PASSED BY THE ASSEMBLY , this bill:
1)Created the District.
2)Specified that the jurisdiction of the district extends
throughout the County.
3)Stated that on and after July 1, 2010, the Monterey-Salinas
Transit Joint Powers Agency (Agency) is dissolved and the
District succeeds to, and is vested with, all of the rights,
powers, duties, and obligations of the agency.
4)Provided that 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.
5)Required the District to assume the duties of public transit
provider performed by the Agency.
6)Stated that on and after July 1, 2010, the Cities of
Carmel-by-the-Sea, Del Rey Oaks, Marina, Monterey, Pacific
Grove, Salinas, Seaside, Gonzales, Soledad, Greenfield, King
City, Sand City, the County, and other jurisdictions that
subsequently qualify as members are included within the
District.
7)Provided that the District will act as the consolidated
transportation services agency for the County and the regional
transportation planning agency.
8)Stated that 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 of Directors of the Monterey-Salinas Transit District
(Board).
9)Stated that District shall be governed by the Board.
10)Required that the Board be composed of one representative
from each member jurisdiction.
11)Provided that each member of the Board shall have one vote.
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12)Required each member jurisdiction to appoint one regular
member and one alternate member to the Board.
13)Specified that the membership of the District shall be
limited to the County 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.
14)Required the County to 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, according to a
ratio of unincorporated population served by the District to
the total unincorporated population of the County.
15)Stated that each member shall serve solely at the pleasure of
the appointing member jurisdiction.
16)Required Board members to be either elected officials or
officers or employees of the appointing member jurisdiction.
17)Specified that 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.
18)Stated that if any portion of the unincorporated area of the
County becomes incorporated, that city shall assume the
obligations of the County for that area.
19)Required the Board to do all of the following:
i) Adopt an annual budget;
ii) 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;
iii) Cause an audit of the financial transactions and records
of the District to be made at least annually by a certified
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public accountant; and,
iv) Do any and all things necessary to carry out the
purposes of this Act.
20)Required the Board to adopt priorities reflecting the
District's goals.
21)Required the Board to select a president and a vice president
at each of its organizational meetings.
22)Specified that the meetings of the Board are subject to the
Ralph M. Brown Act.
23)Stated that a majority of the total membership of the Board
is a quorum.
24)Required acts of the Board to be expressed by motion,
resolution, or ordinance.
25)Authorized the District to hire an independent staff of its
own or contract with any department or agency of the United
States or with any public agency.
26)Authorized the District to contract with private entities in
conformance with applicable procurement procedures for the
procurement of engineering, project management, and contract
management services.
27)Required the Board to fix the compensation of the District's
officers and employees.
28)Stated that the District may sue and be sued.
29)Required the District to notice the time and place of a
public hearing on the adoption of the annual budget not less
than 15 days prior to the day of the hearing.
30)Authorized the District to enter into contracts.
31)Required the District to adopt procurement procedures that
comply with Federal Transit Administration Circular relative
to third-party contracting.
32)Authorized the District to submit to voters of the District
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ballot measures for the imposition of property, sales,
general, or special taxes.
33)Authorized the District, if approved, to impose and
administer fees and other funding sources secured for
transportation system operation, maintenance, and improvement.
34)Authorized the Board to set fares for public transit service.
35)Specified that the District may issue bonds to pay for
capital facilities.
36)Stated that 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.
37)Authorized the District to promulgate a plan for funding
transportation projects within its jurisdiction.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Monterey-Salinas Transit (MST) is a Joint Powers
Agency (JPA) that provides public transit services to citizens
of and visitors to communities that comprise its member
jurisdictions. In addition, MST operates transit services under
contract to other communities in Monterey County as well as
connecting services to other transit providers at Watsonville,
Gilroy, Morgan Hill and San Jose.
According to the author, MST is a critical part of the Monterey
region's transportation network allowing tens of thousands of
passengers to work, school and medical appointments each day.
Since 2001 MST has seen its ridership grow 20% achieving a
record number of five million annual boardings. The MST "RIDES"
program has seen its ridership grow 60% in just the past year as
cuts in the MediCal system has driven large numbers of MediCal
clients to the MST "RIDES" system for transportation to dialysis
treatments and other essential medical services. Furthermore,
the workers that support Monterey's tourism industry, along with
the elderly, the disabled, and students all depend on a fully
funded, functional public transit system.
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Given the billions of dollars in cuts to state transit
assistance in recent years, plus the complete elimination of the
state transit assistance program in future years, MST must seek
alternative ways of funding its transit services locally.
This bill transforms the MST JPA into a transit district which
will give MST the flexibility that it currently lacks to ask the
voters of Monterey County to approve a continuous local funding
source for public transit services. Moreover, this bill will
also allow the District to have bonding capabilities. As a JPA,
MST has secured financing in the private markets to fund its bus
replacement program. While MST has received competitive rates
from the private markets, it is possible that interest rates
would be even lower through bond financing.
A similar measure, AB 2420 (Hannigan), Chapter 457, Statues of
1996, created the Yolo County Transportation District Act.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958
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