Bill Text: CA AB1600 | 2011-2012 | Regular Session | Chaptered
Bill Title: Metro Gold Line Foothill Extension Construction
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2012-08-27 - Chaptered by Secretary of State - Chapter 189, Statutes of 2012. [AB1600 Detail]
Download: California-2011-AB1600-Chaptered.html
BILL NUMBER: AB 1600 CHAPTERED
BILL TEXT
CHAPTER 189
FILED WITH SECRETARY OF STATE AUGUST 27, 2012
APPROVED BY GOVERNOR AUGUST 27, 2012
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY MAY 31, 2012
AMENDED IN ASSEMBLY MAY 30, 2012
AMENDED IN ASSEMBLY MAY 14, 2012
AMENDED IN ASSEMBLY MARCH 12, 2012
INTRODUCED BY Assembly Member Torres
(Coauthor: Assembly Member Portantino)
(Coauthors: Senators Hernandez, Huff, and Liu)
FEBRUARY 6, 2012
An act to amend Sections 132400, 132410, 132415, 132420, and
132450 of the Public Utilities Code, relating to the Metro Gold Line
Foothill Extension Construction Authority.
LEGISLATIVE COUNSEL'S DIGEST
AB 1600, Torres. Metro Gold Line Foothill Extension Construction
Authority.
Existing law creates the Metro Gold Line Foothill Extension
Construction Authority, governed by a board of 5 voting members and 3
nonvoting members, appointed as specified, for purposes relating to
the development of a light rail project extending from the City of
Los Angeles to the Cities of Pasadena and Claremont, and authorizes
the authority to accept grants, fees, and allocations from the state,
local agencies, and private entities.
This bill would provide for the extension of the project to the
City of Montclair, instead of the City of Claremont. The bill would
authorize the authority to also accept grants, fees, and allocations
from federal agencies, and to accept transfers of funds from federal,
state, and local agencies.
Existing law creates the Los Angeles County Metropolitan
Transportation Authority (LACMTA) and specifies that the LACMTA shall
assume responsibility for operating the project upon dissolution of
the authority. Existing law creates the San Bernardino County
Transportation Commission and requires the San Bernardino Associated
Governments (SANBAG) to function in that capacity.
This bill would require the LACMTA to assume responsibility for
operating all completed phases of the project. The bill would require
the authority to enter into a construction agreement with SANBAG
prior to commencing construction of the portion of the project in the
County of San Bernardino. The bill would grant LACMTA authority to
operate the portion of the project located in the County of San
Bernardino, subject to approval by SANBAG through approval of an
operations and maintenance agreement, as specified, with respect to
the portion of the project on the right-of-way owned by SANBAG. The
bill would expand the board of the authority by one nonvoting member
to be appointed by the president of the board of directors of SANBAG.
Existing law authorizes the governing board of the authority to
appoint an executive director to carry out the duties of the
authority, including awarding and approving contracts.
This bill would require that contracts awarded by the executive
director comply with laws generally applicable to local agency
procurements, as specified.
Because this bill would require a local authority to assume
additional responsibilities, it would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 132400 of the Public Utilities Code is amended
to read:
132400. For purposes of this chapter, the following terms have
the following meanings:
(a) The "authority" is the Metro Gold Line Foothill Extension
Construction Authority created under this chapter, formerly known as
the Pasadena Metro Blue Line Construction Authority.
(b) The "board" is the governing board of the authority.
(c) The "commission" is the California Transportation Commission.
(d) The "LACMTA" is the Los Angeles County Metropolitan
Transportation Authority.
(e) The "project" is the Los Angeles-Pasadena Foothill Extension
Gold Line light rail project, formerly known as the Los
Angeles-Pasadena Metro Blue Line, extending from Union Station in the
City of Los Angeles to Sierra Madre Villa Boulevard in the City of
Pasadena and any mass transit guideway that may be planned east of
Sierra Madre Villa Boulevard along the rail right-of-way extending to
the City of Montclair.
(f) The "extension cities" are the Cities of Arcadia, Monrovia,
Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona,
Claremont, and Montclair.
SEC. 2. Section 132410 of the Public Utilities Code is amended to
read:
132410. (a) The authority has all of the powers necessary for
planning, acquiring, leasing, developing, jointly developing, owning,
controlling, using, jointly using, disposing of, designing,
procuring, and building the project, including, but not limited to,
all of the following:
(1) Acceptance of grants, fees, allocations, and transfers of
funds from federal, state, and local agencies, as well as private
entities.
(2) Acquiring, through purchase or through eminent domain
proceedings, any property necessary for, incidental to, or convenient
for, the exercise of the powers of the authority.
(3) Incurring indebtedness, secured by pledges of revenue
available for project completion.
(4) Contracting with public and private entities for the planning,
design, and construction of the project. These contracts may be
assigned separately or may be combined to include any or all tasks
necessary for completion of the project.
(5) Entering into cooperative or joint development agreements with
local governments or private entities. These agreements may be
entered into for the purpose of sharing costs, selling or leasing
land, air, or development rights, providing for the transferring of
passengers, making pooling arrangements, or for any other purpose
that is necessary for, incidental to, or convenient for the full
exercise of the powers granted the authority. For purposes of this
paragraph, "joint development" includes, but is not limited to, an
agreement with any person, firm, corporation, association, or
organization for the operation of facilities or development of
projects adjacent to, or physically or functionally related to, the
project.
(6) Relocation of utilities, as necessary for completion of the
project.
(b) The duties of the authority include, but are not limited to,
all of the following:
(1) Conducting the financial studies and the planning and
engineering necessary for completion of the project.
(2) (A) Adoption of an administrative code, not later than 60 days
after establishment of the authority, for administration of the
authority in accordance with any applicable laws, including, but not
limited to, the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code), the provisions of this chapter, laws generally applicable to
local agency procurements and contracts, laws relating to contracting
goals for minority and women business participation, and the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code).
(B) (i) The administrative code adopted under subparagraph (A)
shall include a code of conduct for employees and board members that
is consistent with Sections 84308 and 87103 of the Government Code
and prohibits board members and staff from accepting gifts valued at
ten dollars ($10) or more from contractors, potential contractors, or
their subcontractors.
(ii) The code shall require the disclosure, on the record, of the
proceedings by the officer of the agency who receives a contribution
within the preceding 24 months in an amount of more than two hundred
fifty dollars ($250) from a party or participant to a proceeding, and
the disclosure by the party or participant.
(iii) The code shall provide that no officer of the agency shall
make, participate in making, or in any way attempt to use his or her
official position to influence the decision in a proceeding, as
described in Section 84308 of the Government Code, if the officer has
willfully or knowingly received a contribution in the amount of more
than two hundred fifty dollars ($250) within the preceding 24 months
from a party or his or her agent, or from any participant or his or
her agent if the participant has a financial interest in the
decision.
(iv) Any officer deemed ineligible to participate in a proceeding
due to the provisions of this code of conduct may be replaced for the
purposes of that proceeding by an appointee chosen by the
appropriate appointing authority.
(v) Under the code of conduct, board members shall be deemed to
have a financial interest in a decision within the meaning of Section
87100 of the Government Code if the decision involves the donor of,
or intermediary or agent for a donor of, a gift or gifts aggregating
ten dollars ($10) or more in value within the 12 months prior to the
time the decision was made.
(vi) Board members and alternate members shall not be considered
financially interested, under or for the purposes of Section 1090 of
the Government Code, solely by virtue of their holding office with
the authority and, concurrently, holding office with an entity set
forth in subdivision (a) of Section 132415, an extension city, or
both such an entity and such a city, and they may participate in
decisions and agreements regarding the authority, any of the entities
set forth in subdivision (a) of Section 132415, and any of the
extension cities. The participation described in this clause shall
not constitute a conflict of interest under or for the purposes of
Section 1090 of the Government Code, or an incompatible employment,
activity, or enterprise under or for the purposes of Section 1126 of
the Government Code.
(c) The authority shall make reasonable progress, as determined by
the commission, in the design and construction of the project within
the timetable imposed under the 1998 State Transportation
Improvement Program.
SEC. 3. Section 132415 of the Public Utilities Code is amended to
read:
132415. (a) The authority shall be governed by a board consisting
of five voting members and four nonvoting members who shall be
appointed as follows:
(1) Three members shall be appointed by the City Councils of the
Cities of Los Angeles, Pasadena, and South Pasadena, with each city
council appointing one member by a majority vote of the membership of
that city council.
(2) One member shall be appointed by the President of the
Governing Board of the San Gabriel Valley Council of Governments,
subject to confirmation by that board.
(3) One member shall be appointed by the LACMTA.
(4) One nonvoting member shall be appointed by the Governor.
(5) Two nonvoting members shall be appointed by the City Councils
of the Cities of Pasadena and South Pasadena, with each city
appointing one nonvoting member.
(6) One nonvoting member shall be appointed by the president of
the board of directors of the San Bernardino Associated Governments,
subject to confirmation by that board.
(b) All members shall serve a term of not more than four years,
with no limit on the number of terms that may be served by any
person.
(c) Each appointing authority shall also appoint an alternate
member to serve in a member's absence. If the position of a voting
member becomes vacant, the alternate member shall serve until the
position is filled as required pursuant to subdivision (a).
(d) Members of the board are subject to the Political Reform Act
of 1974 (Title 9 (commencing with Section 81000) of the Government
Code).
(e) Three members of the board shall constitute a quorum.
(f) The board shall elect a chairperson and vice chairperson from
among the membership of the board.
(g) Each member of the board may be compensated at a rate of not
more than one hundred fifty dollars ($150) per day spent attending to
the business of the authority. Compensation, if paid, shall not
exceed six hundred dollars ($600) per month, plus expenses directly
related to the performance of duties imposed by the authority,
including, but not limited to, travel and personal expenses.
(h) Members appointed to the board may include members of the
entities set forth in subdivision (a), and members of the city
councils or other elected officials of the extension cities, or both.
The simultaneous membership described in this subdivision shall not
constitute a violation of Section 1099 or 1126 of the Government
Code.
SEC. 4. Section 132420 of the Public Utilities Code is amended to
read:
132420. (a) The board may appoint an executive director to serve
at the pleasure of the authority.
(b) The executive director is exempt from all civil service
provisions and shall be paid a salary established by the board.
(c) The executive director may appoint staff or retain consultants
as necessary to carry out the duties of the authority.
(d) All contracts approved and awarded by the executive director
shall be awarded in accordance with state laws generally applicable
to local agency procurements and contracts, subject to the provisions
of this chapter. Awards shall be based on price or competitive
negotiation, or on both of those things.
SEC. 5. Section 132450 of the Public Utilities Code is amended to
read:
132450. (a) (1) The LACMTA shall assume responsibility for
operating all completed phases of the project.
(2) Subject to subparagraph (A), the LACMTA shall have the
authority to operate the portion of the project located in the County
of San Bernardino, which extends approximately one-half mile from
the Los Angeles and San Bernardino County line to the Montclair
Transit Center.
(A) With respect to the portion of the project on the right-of-way
owned by the San Bernardino Associated Governments, the LACMTA's
authority to operate the project shall be contingent upon the
approval of the board of directors of the San Bernardino Associated
Governments, acting as the county transportation commission, through
approval of an operations and maintenance agreement with the LACMTA.
(B) The operations and maintenance agreement shall provide that
the San Bernardino Associated Governments reimburse the LACMTA for
the costs of operating that portion of the line located in the County
of San Bernardino.
(C) Prior to the commencement of construction of the portion of
the project in the County of San Bernardino, the authority shall
enter into a construction agreement with the San Bernardino
Associated Governments, acting as the county transportation
commission.
(3) Nothing in this section shall be construed to require the
LACMTA to allocate funds to the project beyond funds that have been
allocated as of January 1, 2012.
(b) The authority shall be dissolved when project construction has
been completed.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.
