text: Notwithstanding Section 125222, the board may direct the purchase of any supplies, equipment, or materials without complying with any contracting, bidding, or advertising requirements upon a finding by two-thirds of all members of the board that there is only a single source of procurement and that the purchase is for the sole purpose of duplicating, repairing, or replacing supplies, equipment, or materials that are in use, including upgrades or migrations of proprietary intellectual property.

history: (History: Added by Stats. 2018, Ch. 554, Sec. 9. (AB 3177) Effective January 1, 2019.)

article: 2. Contracts


kind: section

code: PUC

text:
(a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted pursuant to Sections 125222 and 125223 as follows:

(1) Protests based on the content of the procurement solicitation shall be filed with the district within 10 calendar days after the procurement solicitation is first advertised.  The executive director, or the designee of the executive director, shall issue a written decision on the protest prior to the opening of the procurement solicitation.  A protest may be renewed by refiling the protest with the board within 15 calendar days after the posting of the notice of the intent to award.

(2) Any bidder may protest the intent to award on any ground not based upon the content of the procurement solicitation by filing a protest with the district within 15 calendar days after the posting of the notice of the intent to award. The executive director, or the designee of the executive director, shall issue a written decision on the protest.

(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 the procurement solicitation in the case of protests based on the content of the procurement solicitation or renewed protests based on the content of the procurement solicitation, or prior to final award in the case of protests based on other grounds.

(b) The decision on the protest by the board shall be in writing and shall constitute a final administrative decision for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure.

history: (History: Added by Stats. 2018, Ch. 554, Sec. 10. (AB 3177) Effective January 1, 2019.)

division: 11.5. NORTH COUNTY TRANSIT DISTRICT

chapter: 4. Powers and Functions

article: 2. Contracts

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 2. Contracts


text: The district may insure against any accident or destruction of the system or any part thereof. 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.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 14. Effective January 1, 2006.)

article: 2. Contracts


text: The district may contract for the services of independent contractors.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 15. Effective January 1, 2006.)

article: 2. Contracts


text: 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 and personal property of every kind within or without its area of jurisdiction necessary to the full or convenient exercise of its powers. The district may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without its area of jurisdiction necessary to the full or convenient exercise of its powers.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 16. Effective January 1, 2006.)

article: 3. Property

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 3. Property


text: The district is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 17. Effective January 1, 2006.)

article: 3. Property


text: The district shall plan, construct, and operate (or let a contract to operate) public transit systems in conformance with, and to the extent provided for in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7).

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 18. Effective January 1, 2006.)

article: 4. Transit System

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 4. Transit System


text: The district shall be deemed a provider of services within the area of its jurisdiction for purposes of Section 1604 of Title 49 of the United States Code.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 21. Effective January 1, 2006.)

article: 6. Transportation Funding

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 6. Transportation Funding


text: The district shall take all action necessary to obtain the maximum amount of funding available pursuant to Section 1602 of Title 49 of the United States Code.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 22. Effective January 1, 2006.)

article: 6. Transportation Funding


text: It is the intent of this section that the district shall file application for funds for public transportation in conformity with, and subject to the limitations set forth in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7) under Chapter 4 (commencing with Section 99200) of Part 11 of Division 10.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 23. Effective January 1, 2006.)

article: 6. Transportation Funding


text: The district may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the planning, acquisition, construction, or operation of public transit systems, and may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the planning, acquisition, construction, or operation of those systems in accordance with any legislation that Congress or the Legislature may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the planning, acquisition, construction, or operation of those systems. The district may do any and all things necessary in order to avail itself of that aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 24. Effective January 1, 2006.)

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 7. Public Contributions, Grants, Loans, and Contracts Cooperation


text: A violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare in any transit facility owned or controlled by the district shall be an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the second conviction under this section, shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

history: (History: Added by Stats. 2005, Ch. 150, Sec. 25. Effective January 1, 2006.)

article: 8. Transit Enforcement and Penalties

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 8. Transit Enforcement and Penalties


text:
No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of this article if that person knows that the information is false. A violation of this section is an infraction punishable by a fine not to exceed seventy-five dollars ($75), except that a violation by a person, after a second conviction of a violation of this section, shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail not to exceed six months, or by both the fine and imprisonment.

This section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal.

history: (History: Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)

article: 8. Transit Enforcement and Penalties


text: A violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned or controlled by the board, or prohibiting unauthorized tampering or interference with, or loitering in or about, transit facilities owned or controlled by the board, is an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.

article: 8. Transit Enforcement and Penalties


text: A violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner attaching oneself to vehicles operated upon exclusive public mass transit guideways owned or controlled by the board, is an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.

article: 8. Transit Enforcement and Penalties


text:
(a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory within the area of the board pursuant to Section 125052 shall be imposed by the board in accordance with Section 125485, the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and Section 2 of Article XIIIC of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 125483.

(b) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter remains in full force and effect. The board may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter.

(c) The portion of the area of the board to which the tax would apply shall be determined by the board before the electors vote on the measure.

(d) If the tax only applies to a portion of an area of the board, both of the following shall apply:

(1) (A) The incorporated area of each city and of contiguous cities within the area of the board shall be either wholly included within that portion or wholly excluded from that portion. For purposes of this subparagraph, “contiguous cities” means two or more cities with shared borders.

(B) The entire unincorporated area of the board shall either be wholly included within that portion or wholly excluded from that portion.

(2) (A) The board shall not enter into a construction contract over one million dollars ($1,000,000) that would be in part or wholly financed through the tax with any entity unless the entity provides to the board an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(B) This paragraph shall not apply if any of the following requirements are met:

(i) The board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project.

(ii) The board has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.

(iii) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the board before January 1, 2019.

(iv) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce.

(C) For purposes of this paragraph, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(e) The revenues derived from the tax shall be spent within, or for the benefit of, the portion of the area of the board to which the tax applies, and shall be spent only on transportation and transit infrastructure and services.

(f) Any revenues derived from the tax shall supplement, and not supplant, other transportation revenues available to the portion of the area of the board to which the tax applies.

history: (History: Amended by Stats. 2019, Ch. 758, Sec. 6. (AB 1413) Effective January 1, 2020.)

article: 9. Transactions and Use Tax

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 4. Powers and Functions > 9. Transactions and Use Tax


text:
(a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, the portion of the area of the board to which the tax would apply, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.

(b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the district as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.

history: (History: Amended by Stats. 2019, Ch. 758, Sec. 7. (AB 1413) Effective January 1, 2020.)

article: 9. Transactions and Use Tax


text:
(a) The county shall conduct an election called by the board pursuant to Section 125480.

(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.

history: (History: Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)

article: 9. Transactions and Use Tax


text:
(a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance.

(b) (1) Before the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance. The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section.

(2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs.

(c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected area under the jurisdiction of the board pursuant to Section 125052, which shall include beginning and ending street numbers, and shall maintain that list on its internet website. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable area of the board pursuant to Section 125052.

history: (History: Amended by Stats. 2019, Ch. 758, Sec. 8. (AB 1413) Effective January 1, 2020.)

article: 9. Transactions and Use Tax


text: The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.

article: 9. Transactions and Use Tax


text: The board, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of one-half of 1 percent under this article and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.

history: (History: Amended by Stats. 2019, Ch. 758, Sec. 9. (AB 1413) Effective January 1, 2020.)

article: 9. Transactions and Use Tax


text: The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax.

article: 9. Transactions and Use Tax


text: Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.

article: 9. Transactions and Use Tax


text: The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.

article: 9. Transactions and Use Tax


text: This chapter shall become operative on the date the district first begins to operate a public transit system pursuant to Section 125105.

history: (History: Added by Stats. 2005, Ch. 150, Sec. 26. Effective January 1, 2006. Note: This section prescribes the operative date for Chapter 5, commencing with this section.)

chapter: 5. Personnel

article: 1. Application

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 5. Personnel > 1. Application


text: Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

history: (History: Added by Stats. 1975, Ch. 1188.)

article: 2. Employee Relations

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 5. Personnel > 2. Employee Relations


text:
Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be submitted to the Public Employment Relations Board. In resolving those questions of representation, including the determination of the appropriate unit or units, petitions, and the conduct of hearings and elections, the board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended, and, for this purpose, shall adopt appropriate rules and regulations.

The California State Mediation and Conciliation Service shall administer any rules and regulations and shall provide for a prompt public hearing and secret ballot election to determine the question of representation and shall certify the results to the parties.

Any certification of a labor organization to represent or act for the employees in any collective-bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within the collective-bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective-bargaining agreement, whichever is later, except that no collective-bargaining agreement shall be considered to be a bar to representation proceedings for a period of more than two years.

history: (History: Amended by Stats. 2012, Ch. 46, Sec. 135. (SB 1038) Effective June 27, 2012.)

article: 2. Employee Relations


text: 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, as provided in Section 125521, that the labor organization represents at least a majority of the employees in the appropriate unit, the district 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, pensions, and working conditions.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 27. Effective January 1, 2006.)

article: 2. Employee Relations


text:
(a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence.

(b) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.

history: (History: Amended by Stats. 2004, Ch. 788, Sec. 31. Effective January 1, 2005.)

article: 2. Employee Relations


text: If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, either party may request mediation services of the State Conciliation Service.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 28. Effective January 1, 2006.)

article: 2. Employee Relations


text:
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, pensions, and working conditions 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.

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 the list so supplied, and the name remaining after the labor organization and the district have stricken four names, shall be designated as the fifth arbitrator and the chair 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.

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.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 29. Effective January 1, 2006.)

article: 2. Employee Relations


text:
If the district and the representatives of the employees do not agree to submit any dispute to arbitration as provided in Section 125525, the State Conciliation Service may be notified by either party that a dispute exists and there is no agreement to arbitrate.

Following that notification, the State Conciliation Service shall determine whether or not the dispute may be resolved by the parties and, if not, the issues concerning which the dispute exists. Upon that determination, the service shall certify its findings to the Governor. The Governor shall, within 10 days of receipt of certification, appoint a factfinding commission consisting of three persons.

The commission shall immediately convene and inquire into and investigate the issues in the dispute. The commission shall have authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, documents, and other records. Subpoenas shall be served and enforced in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. The commission shall report to the Governor within 30 days of the date of its creation.

After the creation of the commission, and for 30 days after the commission has made its report to the Governor, no change, except by mutual agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose, and service to the public shall be provided.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 30. Effective January 1, 2006.)

article: 2. Employee Relations


text: If an exclusive collective-bargaining representative is selected pursuant to Section 125521, the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code are not applicable to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 31. Effective January 1, 2006.)

article: 2. Employee Relations


text:
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 by the board 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.

Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, the district shall assume and observe all existing labor contracts.

The provisions of this section shall apply only to those officers or supervisory employees of the acquired utility as shall be designated by the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 32. Effective January 1, 2006.)

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 5. Personnel > 3. Rights of Employees of Existing Facilities


text: 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 that pension plan shall continue to have the rights, privileges, benefits, obligations and status with respect to that established system. The outstanding obligations and liabilities of that public utility by reason of that pension plan shall be considered and taken into account and allowance made therefor in the purchase price of that public utility. The persons entitled to pension benefits as provided for in this section and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 33. Effective January 1, 2006.)

article: 3. Rights of Employees of Existing Facilities


text:
(a) The adoption, terms, and conditions of a pension plan covering employees of the district in a bargaining unit represented by a labor organization shall be pursuant to a collective bargaining agreement between that organization and the district and shall be subject to this section.

(b) The pension plan and the funds of the plan shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).

(c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution.

(d) This section does not apply if the district has, pursuant to a collective bargaining agreement, provided membership for the district’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.).

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 34. Effective January 1, 2006.)

article: 4. Pension Plan

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 5. Personnel > 4. Pension Plan


text: The district may contract with the Board of Administration of the Public Employees’ Retirement System, and in that case the board of administration shall enter into a contract with the district, to enter all, or any portion, of the employees of the district under that system; provided, that no employees of the district in a bargaining unit that is represented by a labor organization shall be included in the contract except as authorized by a collective-bargaining agreement.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 35. Effective January 1, 2006.)

article: 4. Pension Plan


text: 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.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 36. Effective January 1, 2006.)

article: 4. Pension Plan


text: The district shall take such steps as may be necessary to obtain coverage for the board and its employees under Subchapter II of the Federal Social Security Act, as amended, and the related provisions of the Federal Contributions Act, as amended.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 37. Effective January 1, 2006.)

article: 5. Other Benefits

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 5. Personnel > 5. Other Benefits


text: The district shall take such steps as may be necessary to obtain coverage for the board and its employees under the workers’ compensation, unemployment compensation, and disability and unemployment insurance laws of the State of California.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 38. Effective January 1, 2006.)

article: 5. Other Benefits


text: The district may establish and maintain a police force. Those employees of the district appointed by the executive director to the police force and who are duly sworn are peace officers, subject to Section 830.33 of the Penal Code. The district shall comply with the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 39. Effective January 1, 2006.)

article: 6. Transit Police Force

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 5. Personnel > 6. Transit Police Force


text: 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), and all of the provisions of that law are applicable to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 40. Effective January 1, 2006.)

path: 11.5. NORTH COUNTY TRANSIT DISTRICT > 6. Bonds and Other Evidences of Indebtedness


text:
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, for all purposes of this chapter, includes the transit system or any or all 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 transit facilities authorized to be acquired, constructed, or completed by the district or for transit equipment described in Section 125702 authorized to be acquired by the district or, in the alternative, the district may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities or for transit equipment described in Section 125702 authorized to be acquired by the district.

Nothing in this chapter prohibits the district from availing itself of, or making use of, any procedure provided in this chapter for the issuance of bonds of any type or character for any of the transit facilities authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the district may determine.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 41. Effective January 1, 2006.)

chapter: 6. Bonds and Other Evidences of Indebtedness


text:
The district may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements, leases, and equipment trust certificates in the forms customarily used by private corporations engaged in the transit business appropriate to effect the purchase and leasing of transit equipment, and may dispose of the equipment trust certificates upon the terms and conditions that the district may deem appropriate.

Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates that are or will be legally available to the district. Title to the equipment may not vest in the district until the equipment trust certificates are paid.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 42. Effective January 1, 2006.)


text: The agreement to purchase or lease transit equipment may direct the vendor or lessor to sell and assign or lease the transit 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 transit equipment to one or more designated officers of the district and may authorize the district to simultaneously therewith execute and deliver an installment purchase agreement or a lease of that equipment to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 43. Effective January 1, 2006.)


text:
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 board and shall contain covenants, conditions, and provisions that may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from any legally available source or sources of funds as may be specified in the certificates.

history: (History: Added by Stats. 2003, Ch. 594, Sec. 8. Effective January 1, 2004.)


text: The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates may not conflict with any trust agreement or similar document securing the payment of bonds, notes, or certificates of the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 44. Effective January 1, 2006.)


text:
An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, for a fee of one dollar ($1) for each copy filed.

The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser.


text: The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), are applicable to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 45. Effective January 1, 2006.)


text: Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 is applicable to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 46. Effective January 1, 2006.)


text: The district shall be considered a “local agency,” as defined in subdivision (h) of Section 53317 of the Government Code, and the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 47. Effective January 1, 2006.)


text: The district shall be considered to be a “local agency” as defined in subdivision (f) of Section 6585 of the Government Code, and Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code is applicable to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 48. Effective January 1, 2006.)


text: The district may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 49. Effective January 1, 2006.)


text:
The district may borrow money in anticipation of the sale of bonds that have been authorized to be issued, but that have not been sold and delivered, and may issue negotiable bond anticipation notes therefor, and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond application notes, including the renewals thereof, may not exceed five years from the date of delivery of the original bond anticipation notes.

The bond anticipation notes may be paid from any money of the district available therefor and not otherwise pledged. If not previously otherwise paid, the bond anticipation 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 bond anticipation notes may not be issued in any amount in excess of the aggregate amount of bonds that the district has not been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding.

The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations that a resolution of the board of the district authorizing the issuance of bonds may contain.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 50. Effective January 1, 2006.)


text: The district may issue negotiable promissory notes pursuant to this section to acquire funds for any district purposes. The maturity of the promissory notes may not be later than five years from the date thereof. Those notes shall bear interest at a rate not to exceed 12 percent per year. Those notes shall be payable from any source of revenue available to the district.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 51. Effective January 1, 2006.)


text: 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.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 52. Effective January 1, 2006.)


text: All bonds and other evidences of indebtedness issued by the district under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer, franchise, inheritance, and estate taxes.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 53. Effective January 1, 2006.)


text:
Notwithstanding any other provisions of this division or of 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 any and all evidences of indebtedness or liability 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 are 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 in this division or in any other law relieves 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, that territory 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 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 the revenue-producing improvements, works, facilities, or property and it shall, in any 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.

history: (History: Amended by Stats. 2005, Ch. 150, Sec. 54. Effective January 1, 2006.)


text: This division shall be known and may be cited as the County Transportation Commissions Act.

history: (History: Added by Stats. 1976, Ch. 1333.)

division: 12. COUNTY TRANSPORTATION COMMISSIONS

path: 12. COUNTY TRANSPORTATION COMMISSIONS > 1. General Provisions, Findings, and Definitions


text:
The Legislature hereby finds and declares that:

(a) Public demand for an efficient public transportation system in the southern California region resulting from population sprawl, the concentration of many transit dependent citizens in the large urban areas, and increasing mobility requirements indicates a need for improved, as well as more innovative, policy and decisionmaking institutions to resolve these problems.

(b) A basic purpose of transportation policy within the region should be to avoid undesirable duplication of transportation services, achieve the operation of a coordinated and integrated transportation system which will reduce automobile usage and dependency, reduce the consumption of scarce and expensive energy fuels, and reduce the levels of automobile-related air pollution.

(c) Recognizing the scarcity of resources available for all transportation development, the commissions shall give priority to low-cost highway and transit improvements, and shall work toward maximizing the effectiveness of existing resources available to the commissions.

(d) Recognizing the importance of the state highway system in the Los Angeles metropolitan area to bus, automobile, and freight transportation, it is necessary to maintain this highway system at least at its present operating standards and to increase the person-moving capability of this system by such methods as carpooling, improved traffic operations, exclusive busways, and fringe parking facilities.

(e) The transportation system should offer adequate public transportation to all citizens, including those immobilized by poverty, age, physical handicaps, or other reasons.

(f) The cities and local communities acting singly or jointly should be given more responsibilities for designing and providing local transit services to improve the responsiveness of public transit to public needs.

(g) The transportation decisionmaking process should be responsive to public values, and provide for the continuing involvement of the public in the preparation, revision, and discussion of transportation plans and services.

(h) Transportation planning should recognize that transportation systems have significant effect on the physical and socioeconomic characteristics of the areas served, and emphasis should be given to the protection and enhancement of the environment and the restoration of blighted neighborhoods near community centers. Los Angeles County, in particular, is a multicentered area with diverse socioeconomic levels and travel patterns, and a majority of the trips in the county are four miles or less.

chapter: 1. General Provisions, Findings, and Definitions


text: As used in this division, “commission” means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050).


text: As used in this division, “local transportation zones” means cities or unincorporated areas which contain at least one economic center or major trip generator in which there is a large percentage of short- and medium-length transit trips. Local transportation zones shall be coordinated with regional transit operations as appropriate relative to consumer need and efficient operations.


text: As used in this division, “multicounty designated transportation planning agency” means the Southern California Association of Governments.


text:
The multicounty designated transportation planning agency shall conduct its meetings in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code).

A majority of the members of the executive committee of the agency shall constitute a quorum for the transaction of business. All official acts of the executive committee shall require the affirmative vote of a majority of the members of the executive committee present, with not less than a quorum present.


text: Except as otherwise provided in subdivision (c) of Section 130109, all provisions of the Orange County Transit District Act of 1965 (Part 4 (commencing with Section 40000) of Division 10), regarding employer-employee relations, employee benefits, and conditions of employment for the Orange County Transit District are equally applicable to the Orange County Transportation Authority as if set forth in this division, and govern employer-employee relations, employee benefits, and conditions of employment for the Orange County Transportation Authority.

history: (History: Added by Stats. 1991, Ch. 752, Sec. 5.)


text: There is hereby created a commission in Los Angeles County, in Orange County, in Riverside County, and in San Bernardino County.

chapter: 2. Creation of Commissions

path: 12. COUNTY TRANSPORTATION COMMISSIONS > 2. Creation of Commissions


text:
There is hereby created the Ventura County Transportation Commission. The commission shall be the successor agency to the Ventura County Association of Governments and shall assume all assets and liabilities of that association.

Notwithstanding Section 180050, the Board of Supervisors of Ventura County may designate the commission as the authority to carry out the provisions of Division 19 (commencing with Section 180000).

history: (History: Added by Stats. 1988, Ch. 1136, Sec. 2.)


text: There is hereby created the Los Angeles County Metropolitan Transportation Authority. The authority shall be the single successor agency to the Southern California Rapid Transit District and the Los Angeles County Transportation Commission as provided by the act that enacted this section.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 4. Effective January 1, 1993.)


text:
The Los Angeles County Metropolitan Transportation Authority consists of 14 members, as follows:

(a) Five members of the Los Angeles County Board of Supervisors.

If the number of members of the Los Angeles County Board of Supervisors is increased, the authority shall, within 60 days of the increase, submit a plan to the Legislature for revising the composition of the authority.

(b) The Mayor of the City of Los Angeles.

(c) Two public members and one member of the City Council of the City of Los Angeles appointed by the Mayor of the City of Los Angeles.

(d) Four members, each of whom shall be a mayor or a member of a city council, appointed by the Los Angeles County City Selection Committee. For purposes of the selection of these four members, the County of Los Angeles, excluding the City of Los Angeles, shall be divided into the following four sectors:

(1) The North County/San Fernando Valley sector.

(2) The Southwest Corridor sector.

(3) The San Gabriel Valley sector.

(4) The Southeast Long Beach sector.

The League of California Cities, Los Angeles County Division, shall define the sectors. Every city within a sector shall be entitled to vote to nominate one or more candidates from that sector for consideration for appointment by the Los Angeles County City Selection Committee. A city’s vote shall be weighted in the same proportion that its population bears to the total population of all cities within the sector.

The members appointed pursuant to this subdivision shall be appointed by the Los Angeles County City Selection Committee upon an affirmative vote of its members which represent a majority of the population of all cities within the county, excluding the City of Los Angeles.

The members selected by the city selection committee shall serve four-year terms with no limitation on the number of terms that may be served by any individual. The city selection committee may shorten the initial four-year term for one or more of the members for the purpose of ensuring that the members will serve staggered terms.

(e) If the population of the City of Los Angeles, at any time, becomes less than 35 percent of the combined population of all cities in the county, the position of one of the two public members appointed pursuant to subdivision (c), as determined by the Mayor of the City of Los Angeles by lot, shall be vacated, and the vacant position shall be filled by appointment by the city selection committee pursuant to subdivision (d) from a city not represented by any other member appointed pursuant to subdivision (d).

(f) One nonvoting member appointed by the Governor.

history: (History: Amended by Stats. 1997, Ch. 900, Sec. 2. Effective January 1, 1998.)


text: Notwithstanding subdivision (c) of Section 130051, if a member appointed by the Mayor of the City of Los Angeles is not a member of the city council of that city, the person appointed may serve for 60 days without consent of the city council.

history: (History: Amended by Stats. 1992, Ch. 586, Sec. 2. Effective September 2, 1992.)


text: Every member of the Los Angeles County Metropolitan Transportation Authority is subject to Section 87100 of the Government Code.

history: (History: Amended by Stats. 1997, Ch. 900, Sec. 3. Effective January 1, 1998.)


text:
(a) Except as provided in subdivision (b), each member of the Los Angeles County Metropolitan Transportation Authority shall serve a term of four years or until his or her successor is appointed and qualified. A member may be removed at the pleasure of the appointing authority. A member may be reappointed for additional terms without limitation on the number of reappointments. Other than the member initially appointed by the Governor, and members appointed to staggered terms pursuant to subdivision (e) of Section 130051, the members initially appointed shall serve until January 1, 1997.

(b) The membership of any member serving on the authority as a result of holding another public office shall terminate when the member ceases holding the other public office.

history: (History: Repealed and added by Stats. 1992, Ch. 60, Sec. 10. Effective January 1, 1993. Note: Repeal of previous version is operative April 1, 1993, by Sec. 23 of Ch. 60.)


text:
(a) The Los Angeles County Transportation Commission and the Southern California Rapid Transit District shall conduct joint regular meetings at least once during each quarter of the calendar year.

(b) Notwithstanding subdivisions (a) and (b) of Section 130051, the members of the Los Angeles County Board of Supervisors and the Mayor of the City of Los Angeles, rather than their alternates, shall personally serve at the joint meetings.

(c) Notwithstanding Section 30201, the members of the Los Angeles County Board of Supervisors, rather than their appointees, shall personally serve at the joint meetings.

(d) Notwithstanding Section 30201, the Mayor of the City of Los Angeles, rather than the mayor’s appointee, shall personally serve at the joint meetings as one of the two directors representing the City of Los Angeles.

(e) It is the intent of the Legislature that reasonable efforts be made to discuss major fiscal and policy items related to the Los Angeles County Transportation Commission and the Southern California Rapid Transit District at the meetings required by subdivision (a). This statement of legislative intent shall not be construed as requiring any action which would interfere with, delay, or otherwise impede the orderly and proper functioning of the Los Angeles County Transportation Commission or the Southern California Rapid Transit District.

history: (History: Amended by Stats. 1992, Ch. 586, Sec. 3. Effective September 2, 1992.)


text:
(a) The Los Angeles County Metropolitan Transportation Authority shall appoint a full-time chief executive officer who shall act for the authority under its direction and perform those duties delegated by the authority.

(b) The chief executive officer shall be appointed to a term of four years and shall be removed from office only upon the occurrence of one or both of the following:

(1) A two-thirds majority of the members of the authority votes for removal.

(2) The chief executive officer violates a federal or state law, regulation, local ordinance, or policy or practice of the authority, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.

(c) The chief executive officer shall approve and award all contracts for construction, and that approval shall be based upon the lowest responsible and responsive bid submitted.

(d) The Los Angeles County Metropolitan Transportation Authority shall appoint a general counsel and board secretary.

history: (History: Amended by Stats. 1997, Ch. 900, Sec. 4. Effective January 1, 1998.)


text:
(a) The members of the Los Angeles County Metropolitan Transportation Authority shall be appointed no later than February 1, 1993. The authority shall have no powers, duties, or responsibilities until February 1, 1993.

(b) From February 1, 1993, until April 1, 1993, the Los Angeles Metropolitan Transportation Authority, exclusively, may exercise any of the powers of the board of directors of the Southern California Rapid Transit District and the governing body of the Los Angeles County Transportation Commission, except those powers that the authority has expressly delegated to the district or to the commission.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 12. Effective January 1, 1993.)


text:
(a) The Los Angeles County Metropolitan Transportation Authority may determine its organizational structure, which may include, but is not limited to, the establishment of departments, divisions, subsidiary units, or similar entities. Any department, division, subsidiary unit, or similar entity established by the authority shall be referred to in this chapter as an “organizational unit.” The authority shall, at a minimum, establish the following organizational units:

(1) A transit construction organizational unit to assume the construction responsibilities for all exclusive public mass transit guideway construction projects in Los Angeles County.

(2) An operating organizational unit with the following responsibilities:

(A) The operating responsibilities of the former Southern California Rapid Transit District on all exclusive public mass transit guideway projects in the County of Los Angeles.

(B) The operation of bus routes operated by the former Southern California Rapid Transit District, and all the duties, obligations, and liabilities of the district relating to those bus routes.

(3) A transportation planning and programming organizational unit with all planning responsibilities previously performed by the former Southern California Rapid Transit District and the former Los Angeles County Transportation Commission.

(b) Nothing in this section shall be construed to require specific bus routes to be operated. The authority or the operating organizational unit may make any adjustment with respect to bus routes, bus services, or both, which is within the power of the former Los Angeles County Transportation Commission, or the former Southern California Rapid Transit District.

(c) Any obligations of the former Southern California Rapid Transit District arising out of a collective bargaining agreement entered into by the district shall be the exclusive obligations of the Los Angeles County Metropolitan Transportation Authority. It is the intent of the Legislature that the rights or obligations under any collective bargaining agreement in existence on January 1, 1993, not be enlarged or diminished by this section or any other provision of the act which added this section.

(d) No collective bargaining agreement entered into by the former Southern California Rapid Transit District on or after January 1, 1993, shall be effective unless approved by the Los Angeles County Metropolitan Transportation Authority. The authority’s approval of an agreement shall cause the agreement to be binding upon the authority.

(e) On and after April 1, 1993, any reference to the former Southern California Rapid Transit District in Article 10 (commencing with Section 30750) of Chapter 5 of Part 3 of Division 10 is deemed to refer to the Los Angeles County Metropolitan Transportation Authority.

(f) The Los Angeles County Metropolitan Transportation Authority may administratively delegate to an organizational unit or to its chief executive officer any powers and duties it deems appropriate. Powers and duties which may be delegated to an organizational unit include, but are not limited to, the following:

(1) The power of eminent domain.

(2) Approval of contracts, except the final approval of labor contracts.

(3) Hearing and resolving bid protests.

(4) Preparation of supporting documents and findings, and approval of contracts, under Sections 130233, 130234, 130236, and 130237 within guidelines adopted by the board of directors.

(g) The Los Angeles County Metropolitan Transportation Authority shall establish a citizens’ advisory council pursuant to subdivision (d) of Section 130105.

history: (History: Amended by Stats. 2009, Ch. 536, Sec. 3. (AB 1471) Effective January 1, 2010.)


text:
(a) The Los Angeles County Metropolitan Transportation Authority shall, at a minimum, reserve to itself exclusively, all of the following powers and responsibilities:

(1) Establishment of overall goals and objectives to achieve optimal transport service for the movement of goods and people on a countywide basis.

(2) Adoption of the aggregate budget for all organizational units of the authority.

(3) Designation of additional included municipal operators pursuant to subdivision (f) of Section 99285.

(4) Approval of final rail corridor selections.

(5) Final approval of labor contracts covering employees of the authority and organizational units of the authority.

(6) Establishment of the authority’s organizational structure.

(7) Conducting hearings and the setting of fares for the operating organizational unit established pursuant to paragraph (2) of subdivision (a) of Section 130051.11.

(8) (A) Approval of transportation zones.

(B) In determining the cost-effectiveness of any proposed transportation zone, the authority may not approve or disapprove a transportation zone based upon consideration of rates of wages and other forms of compensation or hours and working conditions of employees of the proposed transportation zone.

(C) Any determination of efficiencies that may be derived from the approval of a transportation zone shall include consideration of maintaining the prevailing rate of wages, hours, and other terms and conditions of employment contained in current collective bargaining agreements applicable to the authority as required under subdivision (d) of Section 130051.11.

(D) A proposed transportation zone is not required to demonstrate lower operating costs than those of the existing operator or operators of the service to be transferred to the zone, but shall demonstrate that the net cost will not be greater than the current service.

(9) Approval of the issuance of any debt instrument with a maturity date that exceeds the end of the fiscal year in which it is issued.

(10) Approval of benefit assessment districts and assessment rates.

(11) Approval of contracts for transit equipment acquisition that exceed five million dollars ($5,000,000), and making the findings required by subdivision (c) of Section 130238.

(b) The Los Angeles County Metropolitan Transportation Authority shall in conjunction with the other municipal operators in the County of Los Angeles perform a security assessment once every five years to determine the safety and security measures required to protect the operation of their systems and their passengers.

history: (History: Amended by Stats. 2002, Ch. 938, Sec. 2. Effective January 1, 2003.)


text: On April 1, 1993, the Southern California Rapid Transit District and the Los Angeles County Transportation Commission are abolished. Upon the abolishment of the district and the commission, the Los Angeles County Metropolitan Transportation Authority shall succeed to any or all of the powers, duties, rights, obligations, liabilities, indebtedness, bonded and otherwise, immunities, and exemptions of the district and its board of directors and the commission and its governing body.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 15. Effective January 1, 1993.)


text: On and after April 1, 1993, any reference in this part, or in any other provision of law or regulation, to the Southern California Rapid Transit District or to the Los Angeles County Transportation Commission or to the county transportation commission in general shall be deemed to refer to the Los Angeles County Metropolitan Transportation Authority.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 16. Effective January 1, 1993.)


text:
(a) Upon the abolishment of the Southern California Rapid Transit District and the Los Angeles County Transportation Commission, the Los Angeles County Metropolitan Transportation Authority shall assume the rights and obligations of the district and the commission under any contract to which the district or the commission is a party and which is to be performed, in whole or in part, on or after January 1, 1993. All real and personal property owned by the district or the commission shall be transferred to the authority by operation of law.

(b) The Los Angeles County Metropolitan Transportation Authority shall assume, without any condition whatsoever, all responsibilities and obligations previously assumed by the Southern California Rapid Transit District or the Los Angeles County Transportation Commission with regard to the full funding agreement, including all agreements pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964 which relate to the full funding agreement, with the Federal Transit Administration for the funding of the Los Angeles County Metro Rail Project. It is the intent of the Legislature that nothing in this act shall enlarge or diminish the projects covered or any rights or obligations under any existing agreements pursuant to Section 13(c).

(c) The Los Angeles County Metropolitan Transportation Authority shall not, until April 1, 1993, renew or extend any personal services contract entered into between either the Los Angeles County Transportation Commission or the Southern California Rapid Transit District and an employee or former employee of either agency prior to January 1, 1993.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 17. Effective January 1, 1993.)


text: Notwithstanding any other provision of law, the Los Angeles County Metropolitan Transportation Authority shall assume the duties, obligations, and liabilities of the Southern California Rapid Transit District, including those duties, obligations, and liabilities arising from or relating to collective bargaining agreements or labor obligations imposed by state or federal law, only to the extent that the authority is acting pursuant to specific duties, obligations, liabilities, rights, or powers to which it succeeded as a result of the abolishment of the district pursuant to Section 130051.13.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 18. Effective January 1, 1993.)


text: Any gifts received by members of the board or employees of the Los Angeles County Metropolitan Transportation Authority shall be governed by applicable state law and the authority’s administrative code.

history: (History: Repealed and added by Stats. 2024, Ch. 755, Sec. 2. (AB 3123) Effective January 1, 2025.)


text:
(a) This section, in addition to rules or codes adopted by the board of the Los Angeles County Metropolitan Transportation Authority, shall regulate lobbying of the authority.

(b) For purposes of this section, the following definitions apply:

(1) “Activity expense” means any payment, including any gift, made to, or directly benefiting, any authority official or member of their immediate family, made by a lobbyist, lobbying firm, or lobbyist employer.

(2) “Administrative testimony” means influencing or attempting to influence authority action undertaken by any person or entity who does not seek to enter into a contract or other arrangement with the authority by acting as counsel in, appearing as a witness in, or providing written submissions, including answers to inquiries, which become a part of the record of, any proceeding of the authority that is conducted as an open public hearing for which public notice is given.

(3) “Authority” means the Los Angeles County Metropolitan Transportation Authority and all of its organizational units.

(4) “Authority action” means the drafting, introduction, consideration, modification, enactment, or defeat of an ordinance, resolution, contract, or report by the governing board of an organizational unit of the authority, or by an authority official, including any action taken, or required to be taken, by a vote of the members of the authority or by the members of the governing board of an organizational unit of the authority, except those actions relating to Article 10 (commencing with Section 30750) of Chapter 5 of Part 3 of Division 10.

(5) “Authority official” means any member of the authority, member of an organizational unit of the authority, or employee of the authority.

(6) (A) “Contact” means any communication, oral or written, including communication made through an agent, associate, or employee, for the purpose of influencing authority action, except as provided in subparagraph (B).

(B) The following activities are not “contacts” for purposes of this section:

(i) Attending or participating in a prebid or preproposal conference.

(ii) Submitting a response to a solicitation issued by the authority or authority official.

(iii) Participating in an interview regarding a solicitation at the request of the authority or authority official.

(iv) Responding to a request for information from the authority or authority official regarding a solicitation or existing contract.

(v) A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon authority matters.

(vi) Providing oral or written testimony that becomes part of the record of a public hearing. A person providing testimony pursuant to this clause who has already qualified as a lobbyist under this section and is testifying on behalf of a client shall identify the client on whose behalf the lobbyist is testifying.

(vii) A communication from an elected public official acting in their official capacity.

(7) (A) “Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.

(B) For purposes of this section, “contribution” also includes all of the following:

(i) An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer unless full and adequate consideration is received for making the expenditure.

(ii) The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events.

(iii) The candidate’s own money or property used on behalf of their candidacy.

(iv) The granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office.

(v) The payment of compensation by any person for the personal services or expenses of any other person if those services are rendered or expenses are incurred on behalf of a candidate or committee without payment of full and adequate consideration.

(vi) Any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.

(C) For purposes of this section, “contribution” does not include any of the following:

(i) Amounts received pursuant to an enforceable promise to the extent that those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.

(ii) A payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.

(iii) Volunteer personal services or payments made by any individual for the individual’s own travel expenses if those payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to the individual.

(8) “Employee of the authority” has the same meaning as defined in the authority’s administrative code.

(9) “Ethics officer” means the ethics officer appointed pursuant to Section 130610.

(10) “Filing officer” means the individual designated by the authority with whom statements and reports required by this section shall be filed.

(11) “Lobbying” means influencing or attempting to influence authority action through direct or indirect contact, other than administrative testimony, with an authority official, as described in paragraph (14).

(12) “Lobbying activity” includes any of the following conduct when that conduct is related to a contact to influence any authority action:

(A) Engaging in, either personally or through an agent, written or oral communication with an authority official.

(B) Providing advice or recommending strategy to a person or other entity that may have business in front of the authority.

(C) Research, investigation, and information gathering.

(D) Seeking to influence the position of a third party on issues related to authority action by any means, including, but not limited to, engaging in community, public, or press relations activities.

(E) Attending or monitoring authority meetings or other events.

(13) (A) “Lobbying firm” means any business entity, including an individual lobbyist, that meets either of the following criteria:

(i) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing authority action on behalf of any other person, if any partner, owner, officer, or employee of the business entity is a lobbyist.

(ii) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any agency official for the purpose of influencing authority action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing authority action.

(B) A business entity shall not be considered a lobbying firm by reason of engaging in activities described in subparagraph (B) of paragraph (6).

(14) “Lobbyist” means any individual who receives compensation, other than reimbursement for reasonable travel expenses, and who meets both of the following criteria in a consecutive three-month period:

(A) The individual has at least one contact with an authority official or employee in an attempt to influence authority action.

(B) The individual is compensated to engage in at least 15 hours of lobbying activity in connection with attempts to influence authority action.

(15) “Lobbyist employer” means any person, other than a lobbying firm, who does either of the following:

(A) Employs one or more lobbyists for the purpose of influencing authority action.

(B) Contracts for the services of a lobbying firm for economic consideration for the purpose of influencing authority action.

(c) (1) (A) Lobbyists, lobbying firms, and lobbyist employers shall register with the filing officer within 10 calendar days after qualifying as a lobbyist, lobbying firm, or lobbyist employer. No additional lobbying contacts shall occur before registration. Registration shall include the filing of a registration statement and the payment of any fee required pursuant to paragraph (2). Registration shall be renewed annually by the filing of a new registration statement and the payment of a fee, if applicable, on or before January 31 of the year of renewal.

(B) After registration, each lobbyist, lobbying firm, or lobbyist employer shall retain that status through December 31 of that year unless that status is terminated as set forth in paragraph (6).

(2) Each lobbyist, lobbying firm, and lobbyist employer required to register under this section may be charged a fee by the authority in an amount determined by the ethics officer.

(3) The lobbyist registration statement shall include all of the following:

(A) The name, address, telephone number, and email address of the lobbyist.

(B) For each person or entity from whom the lobbyist receives compensation to provide lobbying services, all of the following:

(i) The full name, business address, and telephone number of the person or entity.

(ii) The lobbying interests of the lobbyist, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(C) A statement signed by the lobbyist certifying that the lobbyist has read and understands the prohibitions contained in subdivisions (g) and (h).

(D) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(4) The registration statement of a lobbying firm shall include all of the following:

(A) The full name, business address, telephone number, and email address of the lobbying firm.

(B) The full name of each lobbyist who is a partner, owner, officer, or employee of the lobbying firm.

(C) For each person or entity from which the firm received or became entitled to receive compensation for engaging in lobbying activities and with whom the lobbying firm contracts to provide lobbying services, all of the following:

(i) The full name, business address, telephone number, and email address of the person or entity.

(ii) The time period of the contract during which the lobbying activities for which the firm received or became entitled to receive compensation will occur.

(iii) The lobbying interests of the lobbying firm, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(D) A statement signed by the designated responsible person that the person has read and understands the prohibitions contained in subdivisions (g) and (h).

(E) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(5) The registration statement of a lobbyist employer shall include all of the following:

(A) The full name, business address, telephone number, and email address of the lobbyist employer.

(B) A list of the lobbyists who are employed by the lobbyist employer.

(C) The lobbying interests of the lobbyist employer, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(D) A statement signed by the designated responsible person that the person has read and understands the prohibitions contained in subdivisions (g) and (h).

(E) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(6) (A) Lobbyists, lobbyist employers, and lobbying firms shall file amendments to their registration statements within 10 days of any change in information required to be included in the registration statement.

(B) (i) Lobbying firms and lobbyist employers upon ceasing all lobbying activity that required registration shall file a notice of termination within 30 days after the cessation.

(ii) Failure to complete annual renewal by March 1 shall constitute a termination of a lobbyist, lobbyist employer, or lobbying firm’s registration.

(iii) The ethics officer may establish additional processes for terminating the registration of a lobbyist, lobbyist employer, or lobbying firm.

(d) Lobbyists, lobbying firms, and lobbyist employers that receive payments, make payments, or incur expenses, or expect to receive payments, make payments, or incur expenses, in connection with activities that are reportable pursuant to this section shall keep detailed accounts, records, bills, and receipts for four years, and shall make them reasonably available for inspection for the purposes of auditing for compliance with, or enforcement of, this section.

(e) When a person is required to report activity expenses pursuant to this section, all of the following information shall be provided:

(1) The date and amount of each activity expense.

(2) The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, and the amount of the benefit.

(3) The full name of the payee of each expense if other than the beneficiary.

(f) (1) A lobbying firm shall file a periodic report containing all of the following:

(A) The full name, address, telephone number, and email address of the lobbying firm.

(B) The full name, business address, and telephone number of each person or entity from which the firm received or became entitled to receive compensation for engaging in lobbying activities and who contracted with the lobbying firm for lobbying services.

(C) A description of each contract or authority action that the lobbying firm attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(D) The total payments, including fees and the reimbursement of expenses, received or expected from the person or entity for lobbying services during the reporting period.

(E) A copy of the periodic report completed and verified by each lobbyist in the lobbying firm pursuant to paragraph (2).

(F) Each activity expense incurred by the lobbying firm, including those reimbursed by a person who contracts with the lobbying firm for lobbying services.

(G) The date, amount, and the name of the recipient of any contribution of one hundred dollars ($100) or more made by the filer to an authority official.

(H) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(2) A lobbyist shall complete and verify a periodic report, and file the report with the filing officer, and a copy of the report with their lobbying firm or lobbyist employer. The periodic report shall contain all of the following:

(A) The name, address, telephone number, and email address of the lobbyist.

(B) The full name, business address, and telephone number of the lobbying firm or lobbyist employer from whom the lobbyist receives compensation to provide lobbying services.

(C) A description of each contract or authority action that the lobbyist attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority cannot be identified.

(D) A report of all activity expenses by the lobbyist during the reporting period.

(E) A report of all contributions of one hundred dollars ($100) or more made or delivered by the lobbyist to any authority official during the reporting period.

(F) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(3) A lobbyist employer shall file a periodic report containing all of the following:

(A) The name, business address, telephone number, and email address of the lobbyist employer.

(B) The total amount of payments to each lobbying firm. Those payments shall include solely payments for compensation and reimbursement of expenses relating to the lobbying firm’s attempts to influence authority action.

(C) The total amount of all payments to lobbyists employed by the filer. The lobbyist employer shall only be required to disclose whether the total salary payments made to the individual during the reporting period was less than or equal to two hundred fifty dollars ($250), greater than two hundred fifty dollars ($250) but less than or equal to one thousand dollars ($1,000), greater than one thousand dollars ($1,000) but less than or equal to ten thousand dollars ($10,000), or greater than ten thousand dollars ($10,000).

(D) A description of each contract or authority action that the filer attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified.

(E) Each activity expense of the filer and a total of all activity expenses of the filer.

(F) The date, amount, and the name of the recipient of any contribution of one hundred dollars ($100) or more made by the filer to an authority official.

(G) The total of all other payments to influence authority action.

(H) Any other information required by the ethics officer consistent with the purposes and provisions of this section.

(4) The periodic reports shall be filed by the last day of the month following the end of each calendar quarter. The period covered shall be from the beginning of the calendar year through the last day of the calendar quarter before the period during which the report is filed, except that the period covered by the first report a person is required to file shall begin with the first day of the calendar quarter in which the filer first registered or qualified.

(g) (1) It is unlawful for a lobbyist, a lobbying firm, or a lobbyist employer to make a gift to an authority official aggregating more than ten dollars ($10) in a calendar month, to act as an agent or intermediary in the making of any gift, or to arrange for the making of any gift by any other person.

(2) It is unlawful for any authority official knowingly to receive any gift that is made unlawful by this section. For the purposes of this subdivision, “gift” has the same meaning as defined in Section 82028 of the Government Code.

(h) A lobbyist, lobbying firm, or lobbyist employer shall not do any of the following:

(1) Do anything with the purpose of placing an authority official under personal obligation to the lobbyist, the lobbying firm, or the employer of the lobbyist or lobbying firm.

(2) Deceive or attempt to deceive any authority official with regard to any material fact pertinent to any authority action.

(3) Cause or influence any authority action for the purpose of thereafter being employed to secure its passage or defeat.

(4) Attempt to create a fictitious appearance of public favor or disfavor of any authority action, or cause any communications to be sent to any authority official in the name of any fictitious person or in the name of any real person, except with the consent of that real person.

(5) Represent falsely, either directly or indirectly, that the lobbyist, lobbying firm, or lobbyist employer can control any authority official.

(6) Accept or agree to accept any payment that is contingent upon the outcome of any authority action.

(i) Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor.

(j) (1) The ethics officer may conduct audits of reports and statements filed pursuant to this section. Those audits may be conducted on a random basis or when the ethics officer has reason to believe that a filer has not complied with this section.

(2) In addition to any other penalty or remedy available, the ethics officer may impose a late fee on any person or entity that does not file a report or statement required by this section before a deadline imposed by this section. The late fee shall be in the amount of ten dollars ($10) per day until the statement or report is filed, up to a maximum amount of three hundred dollars ($300). The ethics officer may choose not to impose the late fee if the ethics officer determines that the late filing was not willful and that enforcement of the late fee would not further the purposes of this section.

(k) The ethics officer may issue guidance and advice as necessary to implement this section.

(l) The District Attorney of the County of Los Angeles is responsible for prosecuting violations of this section.

(m) Any person who violates any provision of this section is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction of the authority for an amount up to five hundred dollars ($500), or three times the amount of an unlawful gift or expenditure, whichever amount is greater.

(n) The authority shall reject any bid or other proposal to enter into a contract with the authority by any person or entity that has not complied with the registration and reporting requirements of this section.

(o) This section does not apply to any of the following:

(1) An elected public official who is acting in their official capacity to influence authority action.

(2) Any newspaper or other periodical of general circulation, book publisher, radio or television station that, in the ordinary course of business, publishes or broadcasts news items, editorials, or other documents, or paid advertisement, that directly or indirectly urges authority action, if the newspaper, periodical, book publisher, radio or television station engages in no further or other activities in connection with urging authority action other than to appear before the authority in support of, or in opposition to, the authority action.

(p) A former authority official shall not become a lobbyist for a period of one year after leaving the authority.

history: (History: Amended by Stats. 2024, Ch. 755, Sec. 3. (AB 3123) Effective January 1, 2025.)


text:
(a) The Los Angeles County Metropolitan Transportation Authority shall adopt an affirmative action plan for its management positions which reflects the ethnic demographics of the county, taking into consideration the availability of the work force in the various ethnic groups.

(b) The authority shall, prior to the approval of any contract by the authority or by its organization units, adopt and implement a disadvantaged business enterprise program which establishes participation goals of not less than 15 percent of the dollar value of all contracts by minority business enterprises and not less than 5 percent by women business enterprises.

(c) The authority shall establish a Transportation Business Advisory Council to advise it on matters regarding the disadvantaged business enterprise program to enable the authority to meet or exceed women and minority business enterprise participation goals. Members of the council shall be selected by the authority, and shall include representatives of professional organizations and other groups which advocate on behalf of greater participation of women and minority business enterprises in public contracts. The chairperson of the authority or his or her designee shall meet with the council, and the authority shall provide adequate staff support for the council, and shall consider all recommendations made by the council.

history: (History: Added by Stats. 1992, Ch. 60, Sec. 21. Effective January 1, 1993.)


text:
(a) A former board member or employee of MTA shall not accept compensation from an MTA contractor as an employee, officer, director, or consultant of the contractor within 12 months after the former board member or employee served in any of the following capacities:

(1) As a member of the procurement evaluation team for a contract that was awarded to that contractor.

(2) As the procuring contract officer for a contract that was awarded to that contractor.

(3) As the project manager or deputy project manager for a contract that was awarded to that contractor.

(4) As an agency executive with oversight responsibilities for a contract awarded to that contractor if the executive participated in the contract development, proposal review, or approval, or provided agency signatory authority related to the contract or project.

(5) As a substantial participant in an MTA decision to do any of the following:

(A) Award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order to that contractor.

(B) Develop a contract awarded to that contractor, including developing the scope of work.

(C) Approve issuance of one or more contract payments to that contractor.

(D) Pay or settle a claim with that contractor.

(b) For purposes of paragraph (1) of subdivision (a), a former board member’s or former employee’s service ends at the completion of the evaluation period, or the former board member’s or former employee’s last day of service with MTA, whichever occurs first.

(c) For purposes of paragraphs (2) to (5), inclusive, of subdivision (a), a former board member’s or former employee’s service ends at the completion of the contract term, or the former board member’s or former employee’s last day of service with MTA, whichever occurs first.

(d) The inspector general appointed pursuant to Section 130051.28 may enforce this section.

history: (History: Repealed and added by Stats. 2024, Ch. 755, Sec. 5. (AB 3123) Effective January 1, 2025.)


text: The Los Angeles County Transportation Commission and the Southern California Rapid Transit District shall each cause a supplemental independent fiscal audit to be conducted for the period beginning July 1, 1992, and ending March 30, 1993, for the purpose of determining the financial condition of each agency prior to the abolishment of those agencies pursuant to Section 130051.13. Thereafter, the Los Angeles County Metropolitan Transportation Authority shall cause an independent fiscal audit of the authority to be conducted annually and shall consider the results of the audit at a duly noticed public hearing.

history: (History: Added by Stats. 1992, Ch. 586, Sec. 8. Effective September 2, 1992.)


text:
(a) The authority may establish and maintain a prequalification program for bidders on contracts not covered by subdivision (b).

(b) On public projects, as defined in subdivision (c) of Section 22002 of the Public Contract Code, the authority shall require, at a minimum, that prospective bidders for a construction contract complete and submit to the authority a prequalification standardized questionnaire and financial statement in a form specified by the authority, pursuant to subdivision (a) of Section 20101 of the Public Contract Code.

history: (History: Added by Stats. 2012, Ch. 703, Sec. 3. (AB 2440) Effective January 1, 2013.)


text: Whenever the Los Angeles County Metropolitan Transportation Authority by resolution determines that any record, map, book, or paper in the possession of the authority or any officer or employee thereof is of no further value to the authority, the board may authorize its sale, destruction, or other disposition. Documents significant to the activities of the authority, including, but not limited to, board and committee agendas, incoming and outgoing correspondence, and contractual documents, shall be microfilmed or otherwise preserved prior to the sale, destruction, or other disposition of the original.

history: (History: Added by Stats. 1994, Ch. 1220, Sec. 21. Effective September 30, 1994.)