Bill Text: CA AB2196 | 2015-2016 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Santa Clara Valley Transportation Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-16 - Chaptered by Secretary of State - Chapter 381, Statutes of 2016. [AB2196 Detail]
Download: California-2015-AB2196-Enrolled.html
Bill Title: Santa Clara Valley Transportation Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-16 - Chaptered by Secretary of State - Chapter 381, Statutes of 2016. [AB2196 Detail]
Download: California-2015-AB2196-Enrolled.html
BILL NUMBER: AB 2196 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN SENATE JUNE 8, 2016
INTRODUCED BY Assembly Member Low
FEBRUARY 18, 2016
An act to amend Section 20301 of the Public Contract Code, and to
amend Sections 100001.5, 100011, 100013, 100014, 100014.1, 100017,
100018, 100020, 100022, 100030, 100031, 100055, 100055.1, 100055.2,
100055.3, 100060, 100060.2, 100061, 100062.1, 100070, 100071, 100082,
100090, 100100, 100110, 100111, 100112, 100113, 100114, 100115,
100115.5, 100120, 100121, 100124, 100125, 100126, 100130, 100130.5,
100131, 100132, 100133, 100153, 100155, 100160, 100160.1, 100160.2,
100160.5, 100161, 100162, 100163, 100164, 100165, 100167, 100168,
100169, 100170, 100171, 100250, 100252, 100253, 100254, 100302,
100303, 100304, 100305, 100307, 100308, 100350, 100351, 100370,
100371, 100372, 100380, 100381, 100400, 100401, 100403, 100404,
100407, 100409, 100410, 100411, 100450, 100451, 100460, 100461,
100462, 100463, 100470, 100471, 100482, 100483, 100490, 100491,
100492, 100500, 100600, 100601, 100601.5, 100602, 100602.11,
100602.14, 100603, 100605, 100606, 100609, 100610, 100612, 100613,
100618, and 100619 of, to amend the headings of Article 1 (commencing
with Section 100060), Article 2 (commencing with Section 100070),
and Article 5 (commencing with Section 100100) of Chapter 4 of Part
12 of Division 10 of, to amend the headings of Chapter 4 (commencing
with Section 100060) and Chapter 5 (commencing with Section 100110)
of Part 12 of Division 10 of, to repeal Sections 100032, 100306, and
100309 of, and to repeal Article 2 (commencing with Section 100040)
of Chapter 3 of Part 12 of Division 10 of, the Public Utilities Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2196, Low. Santa Clara Valley Transportation Authority.
Existing law creates the Santa Clara Valley Transportation
Authority with various powers and duties relative to transportation
projects and services and the operation of public transit in the
County of Santa Clara. Existing law authorizes the authority, among
other things, with the approval of the Department of Transportation,
to provide funding for the repair and maintenance of state highways
within the boundaries of the authority.
This bill would revise numerous statutes related to the Santa
Clara Valley Transportation Authority to change references from
"authority" to the Santa Clara Valley Transportation Authority and
various other references of "authority" or "district" to the VTA. The
bill would make other nonsubstantive changes in these statutes and
repeal obsolete provisions. The bill would also authorize the board
of directors of the VTA to include mayors of cities within the
county, as specified.
Existing law requires contracts of the Santa Clara Valley
Transportation Authority for the purchase of supplies, equipment, and
materials to be let to the lowest responsible bidder or to the
bidder who submits a proposal that provides best value, as defined,
if the amount of the contract exceeds $100,000 and requires the
authority to obtain a minimum of 3 quotations for those contracts
between $2,500 and $100,000.
This bill would instead impose those bidding requirements with
respect to the authority's contracts for the purchase of supplies,
equipment, and materials if the amount of the contract exceeds
$150,000 and would require a minimum of 3 quotations for those
contracts between $3,500 and $150,000.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20301 of the Public Contract Code is amended to
read:
20301. (a) The purchase of all supplies, equipment, and
materials, when the expenditure required exceeds one hundred fifty
thousand dollars ($150,000), shall be by contract let to the lowest
responsible bidder, or, in the authority's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the authority on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
(b) To the extent practicable, the authority shall obtain a
minimum of three quotations, either written or oral, that permit
prices and terms to be compared whenever the expected expenditure
required for the purchase of supplies, equipment, or materials
exceeds three thousand five hundred dollars ($3,500), but does not
exceed one hundred fifty thousand dollars ($150,000).
(c) Notice requesting bids shall be published at least once in a
newspaper of general circulation and on the authority's procurement
Internet Web site, which publication shall be made at least 10 days
before the bids are received. The board may reject any and all bids
and readvertise at its discretion.
(d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.
SEC. 2. Section 100001.5 of the Public Utilities Code is amended
to read:
100001.5. The Legislature hereby finds and declares:
(a) Since the formation of the Santa Clara Valley Transportation
Authority, unprecedented growth has occurred in the San Francisco Bay
area and in Santa Clara County in particular. It has become apparent
that additional measures are required in order to deal more
effectively with the resultant serious traffic congestion and to
foster the development of trade and the movement of people in and
around the Santa Clara Valley and throughout the entire bay area.
(b) Transit and other modes of transportation are inextricably
intertwined, and improvement and maintenance of the road and highway
structure in conjunction and coordination with transit improvements
are essential to optimize the ability of the Santa Clara Valley
Transportation Authority to deal more effectively with serious
traffic congestion.
(c) The Santa Clara Valley Transportation Authority, having been
designated as the Congestion Management Agency for Santa Clara
County, and already authorized to construct and improve state and
local highways pursuant to Section 100115.5, is uniquely positioned
to implement programs to achieve the goal of a balanced approach to
solving transportation problems.
(d) This goal is best achieved in Santa Clara County by vesting in
the Santa Clara Valley Transportation Authority the ability to plan,
design, construct, maintain, and repair road and highway
improvements, as well as bicycle, pedestrian, and other
transportation facilities, under the conditions set forth in this
part.
SEC. 3. Section 100011 of the Public Utilities Code is amended to
read:
100011. "VTA" means the Santa Clara Valley Transportation
Authority.
SEC. 4. Section 100013 of the Public Utilities Code is amended to
read:
100013. "Transit works" or "transit facilities" means any or all
real and personal property, equipment, rights, or interests owned or
to be acquired by the VTA for transit service or purposes.
SEC. 5. Section 100014 of the Public Utilities Code is amended to
read:
100014. "Board of directors" and "board" means the board of
directors of the VTA.
SEC. 6. Section 100014.1 of the Public Utilities Code is amended
to read:
100014.1. "Director" means a member of the board of directors of
the VTA.
SEC. 7. Section 100017 of the Public Utilities Code is amended to
read:
100017. "System" means all transit works and transit facilities
owned or held or to be owned or held by the VTA for transit purposes.
SEC. 8. Section 100018 of the Public Utilities Code is amended to
read:
100018. "Revenues" means all rates, fares, tolls, rentals, or
other income and revenue actually received or receivable by or for
the account of the VTA from the operation of the system, including,
without limiting the generality of the foregoing, interest allowed on
any moneys or securities and any profits derived from the sale of
any securities and any consideration in any way derived from any
properties owned, operated, or at any time maintained by the VTA.
SEC. 9. Section 100020 of the Public Utilities Code is amended to
read:
100020. "Establish" includes establish, construct, complete,
acquire, extend, or reroute. It does not, however, include the
maintenance and operation of any existing system acquired by the VTA.
SEC. 10. Section 100022 of the Public Utilities Code is amended to
read:
100022. "Transportation works" or "transportation facilities"
means any or all real and personal property, rights, or interests
owned or to be acquired by the VTA to facilitate the passage of
vehicles or pedestrians exclusive of transit works and transit
facilities.
SEC. 11. Section 100030 of the Public Utilities Code is amended to
read:
100030. The Legislature recognizes the formation of the Santa
Clara Valley Transportation Authority and it may exercise the powers
herein granted.
SEC. 12. Section 100031 of the Public Utilities Code is amended to
read:
100031. The boundaries of the VTA shall include all incorporated
and unincorporated territory lying within the County of Santa Clara.
SEC. 13. Section 100032 of the Public Utilities Code is repealed.
SEC. 14. Article 2 (commencing with Section 100040) of Chapter 3
of Part 12 of Division 10 of the Public Utilities Code is repealed.
SEC. 15. Section 100055 of the Public Utilities Code is amended to
read:
100055. Notwithstanding any other provision of this act, before
the VTA may establish any transit service or system that may at any
time divert, lessen, or compete for the patronage or revenues of any
existing system, the VTA shall give a written notice to the public
utility that is operating the existing system. The written notice
shall describe the transit service or system which the VTA proposes
to establish and shall state the time that the VTA proposes to
establish that service or system.
SEC. 16. Section 100055.1 of the Public Utilities Code is amended
to read:
100055.1. The VTA shall not establish the proposed service or
system, or maintain and operate the service or system until it has
completed the purchase of the existing system or any part thereof.
SEC. 17. Section 100055.2 of the Public Utilities Code is amended
to read:
100055.2. Subject to Section 100351, the purchase price to be
paid for the existing system, or any portion thereof to be purchased,
shall be the reproduction cost new, including going concern value,
at the date upon which the VTA commences negotiations for the
purchase of the existing system, or the portion of the existing
system, less depreciation, including wear, tear, and obsolescence, if
any.
SEC. 18. Section 100055.3 of the Public Utilities Code is amended
to read:
100055.3. The VTA and public utility operating the existing
system may agree upon the purchase price or they may agree that the
purchase price is to be established by arbitration and upon the
method of naming arbitrators and the method of conducting such
arbitration.
SEC. 19. The heading of Chapter 4 (commencing with Section 100060)
of Part 12 of Division 10 of the Public Utilities Code is amended to
read:
CHAPTER 4. GOVERNMENT OF VTA
SEC. 20. The heading of Article 1 (commencing with Section 100060)
of Chapter 4 of Part 12 of Division 10 of the Public Utilities Code
is amended to read:
Article 1. Board of Directors
SEC. 21. Section 100060 of the Public Utilities Code is amended to
read:
100060. (a) The government of the VTA shall be vested in a board
of directors which shall consist of 12 members, as follows:
(1) Two representatives of the county and one alternate who shall
be members of the board of supervisors of the county, appointed by
the board of supervisors.
(2) Five representatives of the City of San Jose and one alternate
who shall be city council members or the mayor of the City of San
Jose, appointed by the city council.
(3) Five city council members or mayors selected from among the
city councils and mayors of all of the cities in the county, other
than the City of San Jose, as provided by agreements among those
cities. The agreements may provide for the appointment of alternates,
who shall be city council members or mayors, for those city
representatives.
(b) An alternate may vote in the place of a director represented
by that alternate if the director is absent.
(c) To the extent possible, the appointing powers shall appoint
individuals who have expertise, experience, or knowledge relative to
transportation issues.
SEC. 22. Section 100060.2 of the Public Utilities Code is amended
to read:
100060.2. Except as otherwise provided, the term of office for
each director shall be two years and until the appointment and
qualification of his or her successor. A successor shall be appointed
not later than 30 days immediately upon the expiration of a director'
s term. A vacancy exists whenever a director ceases to hold office on
the city council or board of supervisors from which he or she was
appointed. Any vacancy shall, within 60 days of its occurrence, be
filled for the balance of the term by the body that made the original
appointment.
SEC. 23. Section 100061 of the Public Utilities Code is amended to
read:
100061. The board of directors shall annually elect a chairperson
who shall preside at all meetings. The board of directors shall also
annually elect a vice chairperson, who, in the event of the
chairperson's absence or inability to act, shall act as chairperson,
and, while so acting, shall have all of the power and obligations of
the chairperson.
SEC. 24. Section 100062.1 of the Public Utilities Code is amended
to read:
100062.1. (a) No ordinance, except an urgency ordinance, shall be
passed by the board on the day of its introduction, nor within three
days thereafter, nor at any time other than at a regular or
adjourned regular meeting. The enacting clause of all ordinances
shall be as follows:
"The Board of Directors of the Santa Clara Valley Transportation
Authority ordains as follows:"
(b) All ordinances shall be signed by the chairperson of the board
or the vice chairperson and attested by the secretary. Before the
expiration of 15 days after the passage of an ordinance, it shall be
published once in a newspaper of general circulation within the
boundaries of the VTA as provided by law for ordinances adopted by
counties. An order entered in the minutes of the board that the
ordinance has been duly published is prima facie proof of
publication.
(c) Urgency ordinances shall be adopted in the same manner as
provided by law for the adoption of urgency ordinances by counties.
SEC. 25. The heading of Article 2 (commencing with Section 100070)
of Chapter 4 of Part 12 of Division 10 of the Public Utilities Code
is amended to read:
Article 2. Powers and Duties of Board of Directors
SEC. 26. Section 100070 of the Public Utilities Code is amended to
read:
100070. The board of directors is the legislative body of the VTA
and shall determine all questions of VTA policy.
SEC. 27. Section 100071 of the Public Utilities Code is amended to
read:
100071. It shall be the duty of the board of directors and it
shall have the power to:
(a) Determine the transit facilities to be acquired and
constructed by the VTA, the manner of operation, and the means to
finance them.
(b) Adopt an annual budget for the VTA that provides for the
compensation of its officers and employees.
(c) Fix rates, rentals, charges, and classifications of transit
service operated by the VTA.
(d) Adopt an administrative code that prescribes the powers and
duties of VTA officers, the method of appointment of VTA employees,
and the methods, procedures, and systems for the operation and
management of the VTA.
(e) Adopt rules and regulations governing the use of transit
facilities owned or operated by the VTA.
(f) Cause a postaudit of the financial transactions and records of
the VTA to be made at least annually by a certified public
accountant or public accountant.
(g) Adopt reasonable rules and regulations providing for the
administration of employer-employee relations.
(h) Do any and all things necessary to carry out the purposes of
this part.
SEC. 28. Section 100082 of the Public Utilities Code is amended to
read:
100082. The advisory committees shall provide advice to the board
of directors on matters of VTA policy and shall have additional
duties as provided by the board of directors.
SEC. 29. Section 100090 of the Public Utilities Code is amended to
read:
100090. The officers of the VTA shall consist of the members of
the board of directors, the chairperson and vice chairperson of the
board, a secretary, a general manager, a general counsel, and any
other officers that the board deems necessary and provides for by
ordinance or resolution. The general manager and general counsel
shall be appointed and may be removed by the affirmative votes of a
majority of the board.
SEC. 30. The heading of Article 5 (commencing with Section 100100)
of Chapter 4 of Part 12 of Division 10 of the Public Utilities Code
is amended to read:
Article 5. General Manager
SEC. 31. Section 100100 of the Public Utilities Code is amended to
read:
100100. The power and duties of the general manager are all of
the following:
(a) To head the administrative branch of the VTA and to be
responsible to the board of directors for the proper administration
of all affairs of the VTA.
(b) To appoint, supervise, suspend, or remove VTA officers other
than the members of the board and officers appointed by the board.
(c) To supervise and direct the preparation of the annual budget
for the board and be responsible for its administration after its
adoption.
(d) To formulate and present to the board plans for transit and
other transportation facilities within the boundaries of the VTA and
the means to finance them.
(e) To supervise the planning, acquisition, construction,
maintenance, and operation of the transit facilities of the VTA and
other transportation facilities within the boundaries of the VTA, as
needed.
(f) To attend all meetings of the board.
(g) To prepare and submit to the board as soon as practicable
after the end of each fiscal year a complete report of the finances
and administrative activities of the VTA for the preceding year.
(h) To perform other and additional duties as the board may
require.
SEC. 32. The heading of Chapter 5 (commencing with Section 100110)
of Part 12 of Division 10 of the Public Utilities Code is amended to
read:
CHAPTER 5. POWERS AND FUNCTIONS OF VTA
SEC. 33. Section 100110 of the Public Utilities Code is amended to
read:
100110. The VTA has perpetual succession and may adopt a seal and
alter it at its pleasure.
SEC. 34. Section 100111 of the Public Utilities Code is amended to
read:
100111. The VTA may sue and be sued, except as otherwise provided
by law, in all actions and proceedings, in all courts and tribunals
of competent jurisdiction.
SEC. 35. Section 100112 of the Public Utilities Code is amended to
read:
100112. All claims for money or damages against the VTA are
governed by Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code except as provided therein, or by other statutes
or regulations expressly applicable thereto.
SEC. 36. Section 100113 of the Public Utilities Code is amended to
read:
100113. (a) The VTA shall not levy any tax pursuant to Section
100250 unless approved by the electors voting on the measure in
accordance with Article XIII C of the California Constitution at a
special election called for that purpose by the board of directors.
(b) Whenever a bond election is held to authorize incurring bonded
indebtedness pursuant to Section 100400, the ordinance calling the
election shall include a statement of the tax or taxes to be levied
or continued to be levied and used, to the extent those taxes are
required to pay principal of and interest on the bonds as the same
become due, to provide any sinking fund payments required therefor,
or to create or maintain any reserve fund required therefor. A vote
in favor of the issuance of the bonds shall authorize the board to
levy and collect such taxes. The ordinance levying the taxes shall
not be repealed until all bonds payable from the revenues derived
from the taxes have been fully paid or provision has been made for
their payment in full.
SEC. 37. Section 100114 of the Public Utilities Code is amended to
read:
100114. Except as otherwise provided in this part, VTA elections
shall be called, held, and conducted as provided by the Uniform
District Election Law.
SEC. 38. Section 100115 of the Public Utilities Code is amended to
read:
100115. The VTA may exercise any and all powers granted by any
other law that, by its terms, is applicable to transit districts
generally, to public agencies generally, or to any classification of
districts or public agencies that includes an entity of the type
provided for in this part, but the VTA shall not exercise any power
contrary to an express provision of this part.
SEC. 39. Section 100115.5 of the Public Utilities Code is amended
to read:
100115.5. (a) The VTA may administer and implement any adopted
countywide transportation expenditure plan funded in an amount
greater than 50 percent from revenues derived from a retail
transaction and use tax, if so designated in the plan or if the VTA
and the entity that imposes the tax have entered into an agreement
that so provides. The VTA may exercise those powers necessary to
carry out this purpose.
(b) The VTA may do any and all things necessary to ensure the
completion of any projects established in a plan as set forth in
subdivision (a). These projects may include, but are not limited to,
all of the following:
(1) The construction and improvement of state highways.
(2) The construction, maintenance, and improvement of local roads,
streets, and county highways.
(3) The construction, improvement, and operation of public transit
systems, including paratransit services.
(4) The construction and improvement of bicycle and other
transportation facilities.
(c) The VTA shall consult with and coordinate any actions for
administering and implementing a plan as set forth in subdivision (a)
with the cities in the county, the board of supervisors, and the
Department of Transportation.
(d) Nothing in this section shall vary the terms of the
cooperative agreement dated July 1, 1999, between the VTA and the
County of Santa Clara for the construction of transportation projects
utilizing local transaction and use tax revenues derived from Santa
Clara County general tax Measure B approved by the voters in November
1996. If any of the provisions of this section conflict with the
provisions of that cooperative agreement, the provisions of the
cooperative agreement shall take precedence.
SEC. 40. Section 100120 of the Public Utilities Code is amended to
read:
100120. The VTA may make contracts and enter into stipulations of
any nature whatsoever, either in connection with eminent domain
proceedings or otherwise, including, without limiting the generality
of the foregoing, contracts and stipulations to indemnify and save
harmless, to employ labor, and to do all acts necessary and
convenient for the full exercise of the powers granted in this part.
SEC. 41. Section 100121 of the Public Utilities Code is amended to
read:
100121. The VTA may contract with any department or agency of the
United States of America, with any public agency or with any person
upon terms and conditions as the board finds is for the best interest
of the VTA.
SEC. 42. Section 100124 of the Public Utilities Code is amended to
read:
100124. The VTA may insure against any accident or destruction of
the system or any part thereof. The VTA may insure against loss of
revenues from any cause whatsoever. It may provide, in the
proceedings authorizing the issuance of any bonds, for the carrying
of insurance in an amount and of a character as may be specified and
for the payment of premiums thereon. The VTA may also provide
insurance as provided in Part 6 (commencing with Section 989) of
Division 3.6 of Title 1 of the Government Code.
SEC. 43. Section 100125 of the Public Utilities Code is amended to
read:
100125. The VTA may contract for the services of independent
contractors.
SEC. 44. Section 100126 of the Public Utilities Code is amended to
read:
100126. The Santa Clara County Transit District, which was
established with the approval of the voters in 1972, shall continue
as an entity under the control of its governing board as reorganized
pursuant to the amendments to this part by statutes that were enacted
in 1994. Nothing in the act that added this section during the
second year of the 1993-94 Regular Session shall be construed to
alter, impair, or terminate existing contracts between the district
and other parties, including, but not limited to, funding agreements,
grants, labor agreements, agreements entered into pursuant to
Section 13(c) of the Federal Transit Act and its antecedents, bonds,
notes, equipment trust certificates, or other obligations of the
district. All rights and powers of the district shall continue in
full force and effect and no affirmation, adoption, or assumption by
the board of directors is required for that continuation. The VTA
shall become the successor to certain county contracts as provided by
agreement between the county and the VTA.
SEC. 45. Section 100130 of the Public Utilities Code is amended to
read:
100130. The VTA 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 the boundaries of the VTA necessary to the full or
convenient exercise of its powers. The board may lease, mortgage,
sell, or otherwise dispose of any real or personal property within or
without the boundaries of the VTA necessary to the full or
convenient exercise of its powers.
SEC. 46. Section 100130.5 of the Public Utilities Code is amended
to read:
100130.5. (a) The VTA may take by gift, or take or convey by
grant, purchase, devise, or lease, and hold and enjoy, real and
personal property of every kind within or without the boundaries of
the VTA necessary for, incidental to, or convenient for,
transit-oriented joint development projects that meet the definition
and requirement set forth in subdivision (b).
(b) (1) For purposes of this section, a transit-oriented joint
development project is a commercial, residential, or mixed-use
development that is undertaken in connection with existing, planned,
or proposed transit facilities and is located 1/4 mile or less from
the external boundaries of that facility.
(2) Any transit-oriented joint development project created under
this section shall comply with the land use and zoning regulations of
the city, county, or city and county in which the project is
located.
(c) Notwithstanding Sections 53090 and 53091 of the Government
Code or any other provision of law, the authority granted under this
section is subject to the land use and zoning regulations of the
city, county, or city and county jurisdiction in which the
transit-oriented joint development is located, in accordance with the
Planning and Zoning Law (Title 7 (commencing with Section 65000) of
the Government Code), relating to zoning.
SEC. 47. Section 100131 of the Public Utilities Code is amended to
read:
100131. (a) The VTA may exercise the right of eminent domain to
take any property necessary or convenient to the exercise of the
powers granted in this part. The VTA, in exercising this power, shall
in addition to the damages for the taking, injury, or destruction of
property, also pay the cost, exclusive of betterment and with credit
for salvage value, of removal, reconstruction, or relocation of any
structure, railways, mains, pipes, conduits, wires, cables, or poles
of any public utility that are required to be moved to a new
location.
(b) No taking or acquisition by the VTA that would involve the
abandonment, removal, relocation, or use of the property of a
railroad corporation, as defined in Section 230, shall be permitted,
unless the Public Utilities Commission, after a hearing, shall find
and determine that the public interest and necessity require the
abandonment, removal, relocation, or use of that property and that
the taking or acquisition will not unreasonably impair the ability of
the railroad corporation involved to provide safe, adequate,
economical, and efficient service.
SEC. 48. Section 100132 of the Public Utilities Code is amended to
read:
100132. The Public Utilities Commission of the state shall have
and exercise power and jurisdiction to fix just compensation to be
paid for the taking of any property of a public utility in eminent
domain proceedings brought by the VTA. The VTA may commence and
maintain the eminent domain proceedings in the Public Utilities
Commission or the superior court at its option.
SEC. 49. Section 100133 of the Public Utilities Code is amended to
read:
100133. The VTA 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.
SEC. 50. Section 100153 of the Public Utilities Code is amended to
read:
100153. (a) If a contract for CMGC services is entered into
pursuant to this article and includes preconstruction services by the
construction manager, the VTA shall enter into a written contract
with the construction manager for preconstruction services, under
which the VTA shall pay the construction manager a fee for
preconstruction services in an amount agreed upon by the VTA and the
construction manager. The preconstruction services contract may
include fees for services to be performed during the contract period.
The VTA shall not
request or obtain a fixed price or a guaranteed maximum price for the
construction contract from the construction manager or enter into a
construction contract with the construction manager until after the
VTA has entered into a services contract. A preconstruction services
contract shall provide for the subsequent negotiation for
construction of all or any discrete phase or phases of the project
and shall provide for the VTA to own the design plans and other
preconstruction services work product.
(b) A contract for construction services shall be awarded after
the plans have been sufficiently developed and either a fixed price
or a guaranteed maximum price has been successfully negotiated. In
the event that a fixed price or a guaranteed maximum price is not
negotiated, the VTA may award the contract for construction services
utilizing any other procurement method authorized by law.
(c) The construction manager shall perform not less than 30
percent of the work covered by the fixed price or guaranteed maximum
price agreement reached. Work that is not performed directly by the
construction manager shall be bid to subcontractors pursuant to
Section 6955 of the Public Contract Code.
SEC. 51. Section 100155 of the Public Utilities Code is amended to
read:
100155. (a) Upon completion of a project using the CMGC project
delivery method, the VTA shall prepare a progress report to the board
of directors. The progress report shall include, but shall not be
limited to, all of the following information:
(1) A description of the project.
(2) The entity that was awarded the project.
(3) The estimated and actual costs of the project.
(4) The estimated and actual schedule for project completion.
(5) A description of any written protests concerning any aspect of
the solicitation, bid, proposal, or award of the project, including,
but not limited to, the resolution of the protests.
(6) An assessment of the prequalification process and criteria
utilized under this article.
(7) A description of the method used to evaluate the bid or
proposal, including the weighting of each factor and an assessment of
the impact of this requirement on a project.
(8) A description of any challenges or unexpected problems that
arose during the construction of the project and a description of the
solutions that were considered and ultimately implemented to address
those challenges and problems.
(9) Recommendations to improve the CMCG project delivery method
authorized under this article.
(b) The progress report shall be made available on the VTA's
Internet Web site.
SEC. 52. Section 100160 of the Public Utilities Code is amended to
read:
100160. The VTA may provide transit service for the
transportation of passengers and their incidental baggage by any
means.
SEC. 53. Section 100160.1 of the Public Utilities Code is amended
to read:
100160.1. The VTA may provide facilities, including streets and
highways, for the movement of vehicles, bicycles, and pedestrians.
All installations in state highways shall be developed and
implemented with the concurrence and under the oversight of the
Department of Transportation. The installation shall conform to
requirements and regulations established by the Department of
Transportation.
SEC. 54. Section 100160.2 of the Public Utilities Code is amended
to read:
100160.2. The VTA may enter into agreements with any city within
the boundaries of the VTA or with the County of Santa Clara to
improve a street, road, highway, or expressway under the jurisdiction
of the city or county. This section does not apply to highways under
the jurisdiction of the state, unless specifically permitted
elsewhere in statute.
SEC. 55. Section 100160.5 of the Public Utilities Code is amended
to read:
100160.5. The VTA may operate charter bus service subject to the
following limitations:
(a) No bus equipment that is designed solely for charter service
shall be purchased. A bus equipped with a toilet or underfloor
baggage compartment shall be deemed charter equipment.
(b) The board shall hold a public hearing prior to adopting a
charter rate schedule or any amendment thereof. Notice of the hearing
shall be mailed to each charter-party carrier operating within the
district at least 30 days prior to the hearing. The notice shall
include the proposed charter rate schedule. At the close of the
public hearing the board may adopt charter rate schedules that shall
not be less than the average for the three largest private
charter-party carriers operating similar service within the
boundaries of the VTA.
(c) Charter service shall originate and terminate within the area
served by the VTA unless a private charter-party carrier requests the
VTA to provide service beyond the area served by the VTA.
SEC. 56. Section 100161 of the Public Utilities Code is amended to
read:
100161. (a) The VTA may acquire, construct, own, operate,
control, or use rights-of-way, rail lines, buslines, stations,
platforms, switches, yards, terminals, and any and all facilities
necessary or convenient for transit service within or partly without
the boundaries of the VTA, underground, upon, or above the ground and
under, upon, or over public streets or other public ways or
waterways, together with all physical structures, including parking
lots and day care centers and related child care facilities, that are
necessary or convenient for the access of persons or vehicles
thereto. The VTA may acquire any interest in or rights to use or the
joint use of any or all of those facilities.
(b) The VTA may acquire, construct, and provide for repair and
maintenance of any and all facilities necessary or convenient for
vehicular and pedestrian transportation, within or partly without the
boundaries of the VTA, underground, upon, or above the ground,
together with all physical structures, including parking lots and
soundwalls, that are necessary or convenient therefor. In this
connection, the VTA may exercise any power with respect to highways
granted to counties under Article 1 (commencing with Section 760) of
Chapter 4 of Division 1 of the Streets and Highways Code in
connection with any project included in the countywide transportation
plan and an adopted regional transportation plan, but shall not
usurp or impinge upon the powers and responsibilities granted to the
county with regard to county highways. Highway and other
transportation expenditures shall be consistent with adopted regional
transportation plans and programs.
(c) VTA installations in freeways shall be subject to the approval
of the Department of Transportation. Installations in other state
highways shall be subject to Article 2 (commencing with Section 670)
of Chapter 3 of Division 1 of the Streets and Highways Code.
Installations in county highways and city streets shall be subject to
similar encroachment permits.
(d) The VTA shall not use any state transportation funds,
including, but not limited to, moneys in the State Highway Account,
or the Transportation Planning and Development Account, in the State
Transportation Fund, and passenger rail and clean air bond act money
to acquire, construct, or operate day care centers and related child
care facilities.
SEC. 57. Section 100162 of the Public Utilities Code is amended to
read:
100162. The VTA may lease or contract for the use of its transit
facilities, or any portion thereof, to any operator, and may provide
for subleases by an operator upon terms and conditions as it deems in
the public interest. The word "operator" as used in this section
means any public agency or any person.
SEC. 58. Section 100163 of the Public Utilities Code is amended to
read:
100163. The board may contract with any public agency or person
to provide transit or transportation facilities and services for the
VTA.
SEC. 59. Section 100164 of the Public Utilities Code is amended to
read:
100164. (a) The VTA may construct and operate or acquire and
operate transit works and facilities and may construct, acquire, and
provide for repair and maintenance of transportation facilities, in,
under, upon, over, across, or along any state or public highway or
any stream, bay, or watercourse, or over any of the lands that are
the property of the state, to the same extent that the rights and
privileges appertaining thereto are granted to municipalities within
the state.
(b) (1) Notwithstanding subdivision (a), and subject to the
approval of the Department of Transportation, the VTA may provide
funding for the repair and maintenance of state highways within the
boundaries of the VTA.
(2) The VTA shall not directly, or indirectly, except by providing
funding pursuant to paragraph (1), repair or maintain any state
highway.
SEC. 60. Section 100165 of the Public Utilities Code is amended to
read:
100165. The VTA may enter into agreements for the joint use of
any property and rights by the VTA and any public agency or public
utility operating transit facilities; may enter into agreements with
any public agency or public utility operating any transit facilities,
and wholly or partially within or without the boundaries of the VTA,
for the joint use of any property of the VTA or of the public agency
or public utility, or the establishment of through routes, joint
fares, transfer of passengers, or pooling arrangements.
SEC. 61. Section 100167 of the Public Utilities Code is amended to
read:
100167. The VTA shall be subject to the provisions of Division
14.8 (commencing with Section 34500) of the Vehicle Code with respect
to operation of buses and to the rules and regulations enforceable
by the State of California Highway Patrol pursuant to that chapter
regulating the safe operation of buses.
SEC. 62. Section 100168 of the Public Utilities Code is amended to
read:
100168. The VTA shall be subject to the regulations of the Public
Utilities Commission relating to safety appliances and procedures,
and the commission shall inspect all work done pursuant to this part
and may make further additions or changes necessary for the purpose
of safety to employees and the general public. The commission shall
enforce the provisions of this section.
SEC. 63. Section 100169 of the Public Utilities Code is amended to
read:
100169. The VTA and any one or more school districts located
within its boundaries may enter into agreements pursuant to which
school transportation equipment may be used for transit purposes
within the VTA's boundaries during any time that the equipment is not
actually required for school purposes.
SEC. 64. Section 100170 of the Public Utilities Code is amended to
read:
100170. The VTA may accept, without limitation by any other
provisions of this part requiring approval of indebtedness,
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 acquisition, construction, maintenance, or
operation of transit facilities, or the acquisition and construction
of transportation facilities. The VTA may enter into contracts and
cooperate with, and accept cooperation from, any public agency or the
United States, or agency thereof, in the acquisition, construction,
maintenance, or operation, and in financing the acquisition,
construction, maintenance, or operation of any transit facilities or
in the acquisition and construction of any transportation facilities
in accordance with any legislation that Congress or the Legislature
of the State of California 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
acquisition, construction, maintenance, and operation of any transit
or transportation facilities. The VTA may do any and all things
necessary in order to avail itself of aid, assistance, and
cooperation under any federal or state legislation now or hereafter
enacted. Any evidence of indebtedness issued under this section shall
constitute a negotiable instrument.
SEC. 65. Section 100171 of the Public Utilities Code is amended to
read:
100171. The VTA may obtain temporary transfers of funds in
accordance with the last paragraph of Section 6 of Article XVI of the
California Constitution.
SEC. 66. Section 100250 of the Public Utilities Code is amended to
read:
100250. A retail transactions and use tax ordinance may be
adopted by the board of directors in accordance with the provisions
of Part 1.6 (commencing with Section 7251) of Division 2 of the
Revenue and Taxation Code, if the electors voting on the measure vote
in accordance with Article XIII C of the California Constitution
to authorize its enactment at a special election called for that
purpose by the board of directors.
SEC. 67. Section 100252 of the Public Utilities Code is amended to
read:
100252. The VTA may contract with the State Board of Equalization
for its service in the preparations necessary to administer a
transaction and use tax ordinance. The costs to be covered by the
contract are to be for services of the types described in Section
7272 of the Revenue and Taxation Code for preparatory work up to the
date of the adoption of the ordinance. Any disputes as to the amount
of the costs shall be resolved in the same manner as provided in that
section.
SEC. 68. Section 100253 of the Public Utilities Code is amended to
read:
100253. Prior to the operative date of the transaction and use
tax ordinance, the VTA shall contract with the State Board of
Equalization to perform all functions incident to the administration
and operation of the ordinance.
SEC. 69. Section 100254 of the Public Utilities Code is amended to
read:
100254. If the VTA shall not have contracted with the State Board
of Equalization prior to the operative date of its transaction and
use tax ordinance, it shall nevertheless so contract, and, in that
case, the operative date shall be the first day of the first calendar
quarter following the execution of the contract.
SEC. 70. Section 100302 of the Public Utilities Code is amended to
read:
100302. Whenever a majority of the employees employed by the VTA
in a unit appropriate for collective bargaining indicate a desire to
be represented by a labor organization and upon determining, as
provided in Section 100301, that said labor organization represents
at least a majority of the employees in the appropriate unit, the
board 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, and working
conditions.
SEC. 71. Section 100303 of the Public Utilities Code is amended to
read:
100303. (a) A contract or agreement shall not be made with any
labor organization, association, group, or individual 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 VTA 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.
SEC. 72. Section 100304 of the Public Utilities Code is amended to
read:
100304. If, after a reasonable period of time, representatives of
the VTA 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.
SEC. 73. Section 100305 of the Public Utilities Code is amended to
read:
100305. If, after a reasonable period of time, representatives of
the VTA 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 VTA and the representatives of the employees,
the dispute may be submitted to an arbitration board and the decision
of the majority of the arbitration board shall be final and binding.
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 VTA shall, alternately,
strike a name from the list so supplied, and the name remaining after
the labor organization and the VTA have stricken four names, shall
be designated as the fifth arbitrator and chairman of the board of
arbitration. The labor organization and the VTA 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 said expenses may include the
making of a verbatim record of the proceedings and transcript of that
record.
SEC. 74. Section 100306 of the Public Utilities Code is repealed.
SEC. 75. Section 100307 of the Public Utilities Code is amended to
read:
100307. (a) Chapter 10 (commencing with Section 3500) of Division
4 of Title 1 of the Government Code is not applicable to the VTA.
(b) The amendments to this section made at the 1995-96 Regular
Session are not intended to modify, and shall not have the effect of
modifying, an existing bargaining unit determination made by the
Department of Industrial Relations pursuant to Section 100301.
SEC. 76. Section 100308 of the Public Utilities Code is amended to
read:
100308. County employees and employees of the Santa Clara County
Congestion Management Agency who, on a date or dates determined by
the board of directors, terminate their employment and immediately
thereafter become employees of the VTA, shall transfer to the VTA,
and the VTA shall assume liability for, all of their accrued and
unused vacation, sick leave, personal leave, compensating time off,
STO balances, and days of accrued service in accordance with the
records of their former employer in lieu of any payment by the former
employer for those balances. Those employees who were covered by a
county or congestion management agency pension plan shall be entitled
to the same or equivalent rights, options, privileges, benefits,
obligations, accrued service, and status under the pension plan of
the VTA.
SEC. 77. Section 100309 of the Public Utilities Code is repealed.
SEC. 78. Section 100350 of the Public Utilities Code is amended to
read:
100350. (a) Whenever the VTA 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 public utility whose duties
pertain to the facilities acquired who have been employed by said
utility for at least 75 days shall be appointed to comparable
positions in the VTA without examination and 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.
(b) Whenever the VTA acquires existing facilities from a publicly
or privately owned utility, either in proceedings in eminent domain
or otherwise, the VTA shall assume and observe all existing labor
contracts.
(c) The provisions of this section apply only to those officers or
supervisory employees of the acquired utility as shall be designated
by the board.
SEC. 79. Section 100351 of the Public Utilities Code is amended to
read:
100351. Whenever the VTA 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 the pension plan shall continue to have the
rights, privileges, benefits, obligations, and status with respect to
the established system. The outstanding obligations and liabilities
of the public utility by reason of the pension plan shall be
considered and taken into account and allowance made therefor in the
purchase price of the public utility. The persons entitled to pension
benefits as provided for in this section and the benefits that are
provided shall be specified in the agreement or order by which any
public utility is acquired by the VTA.
SEC. 80. Section 100370 of the Public Utilities Code is amended to
read:
100370. The board may establish a retirement system for the
officers and employees of the VTA and provide for the payment of
annuities, pensions, retirement allowances, disability payments, and
death benefits or any of them. The adoption, terms, and conditions of
any retirement system covering employees of the VTA in a bargaining
unit represented by a labor organization shall be pursuant to a
collective bargaining agreement between the labor organization and
the VTA. For purposes of this section, "officers" does not include
members of the board of directors.
SEC. 81. Section 100371 of the Public Utilities Code is amended to
read:
100371. The board may contract with the board of administration
of the Public Employees' Retirement System and enter all or any
portion of its employees under that system if no employees of the VTA
in a bargaining unit that is represented by a labor organization are
included in the contract except as authorized by a collective
bargaining agreement.
SEC. 82. Section 100372 of the Public Utilities Code is amended to
read:
100372. 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 VTA by
mutual agreement of the persons and the VTA. 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.
SEC. 83. Section 100380 of the Public Utilities Code is amended to
read:
100380. The VTA shall take the steps as may be necessary to
obtain coverage for the VTA and its employees under Title 2 of the
Federal Social Security Act, as amended, and the related provisions
of the Federal Contributions Act, as amended.
SEC. 84. Section 100381 of the Public Utilities Code is amended to
read:
100381. The VTA shall take the steps as may be necessary to
obtain coverage for the VTA and its employees under the workers'
compensation, unemployment compensation disability, and unemployment
insurance laws of the State of California.
SEC. 85. Section 100400 of the Public Utilities Code is amended to
read:
100400. Whenever the board deems it necessary for the VTA to
incur a bonded indebtedness for the acquisition, construction, or
repair of any or all improvements, works, property, or facilities,
authorized by this part or necessary or convenient for the carrying
out of the powers of the VTA, or for any other purpose authorized by
this part, the board shall, by ordinance, adopted by a vote of
two-thirds of all members of the board, so declare and call an
election to be held within the boundaries of the VTA for the purpose
of submitting to the qualified voters thereof the proposition of
incurring indebtedness by the issuance of bonds of the VTA, if the
total amount of bonds issued and outstanding pursuant to this article
do not exceed 15 percent of the assessed value of the taxable
property of the VTA as shown by the last equalized assessment roll of
the County of Santa Clara. The ordinance shall state:
(a) The purposes for which the proposed debt is to be incurred,
which may include all costs and estimated costs incidental to or
connected with the accomplishment of those purposes, including,
without limitation, engineering, inspection, legal, fiscal agents,
financial consultant, and other fees; bond and other reserve funds;
working capital; bond interest estimated to accrue during the
construction period and for a period not to exceed three years
thereafter; and expenses of all proceedings for the authorization,
issuance, and sale of the bonds.
(b) The estimated cost of accomplishing those purposes.
(c) The amount of the principal of the indebtedness.
(d) The maximum term the bonds proposed to be issued shall run
before maturity, which shall not exceed 50 years from the date
thereof or the date of each series thereof.
(e) The maximum rate of interest to be paid, which shall not
exceed 7 percent per annum.
(f) The proposition to be submitted to the voters, which may
include one or more purposes.
(g) The date of the election.
(h) The manner of holding the election and the procedure for
voting for or against the measure.
(i) The ordinance may also contain a statement that the retail
transaction and use tax mentioned in Article 9 (commencing with
Section 100250) of Chapter 5, or a stated portion thereof, shall be
levied, or continued to be levied, and used to the extent required to
pay principal of and interest on the bonds as they become due, to
provide for any sinking fund payments required therefor, or to create
or maintain any reserve fund required therefor.
(j) The ordinance may also contain any other matters authorized by
this part or any other law.
SEC. 86. Section 100401 of the Public Utilities Code is amended to
read:
100401. Notice of holding of the election shall be given by
publishing, pursuant to Section 6066 of the Government Code, the
ordinance calling the election in at least one newspaper published
within the boundaries of the VTA. No other notice of the election
need be given. Except as otherwise provided in the ordinance, the
election shall be conducted as other district elections.
SEC. 87. Section 100403 of the Public Utilities Code is
amended to read:
100403. If a majority of the electors voting on the proposition
vote for it, then the board may, by resolution, at a time or times as
it deems proper, issue bonds of the VTA for the whole or any part of
the amount of the indebtedness so authorized and may from time to
time, by resolution, provide for the issuance of amounts as the
necessity thereof may appear, until the full amount of the bonds
authorized shall have been issued. The full amount of bonds may be
divided into two or more series and different dates and different
dates of payment fixed for the bonds of each series. A bond need not
mature on an anniversary of its date. The maximum term the bonds of
any series shall run before maturity shall not exceed 50 years from
the date of each series respectively. In the resolution or
resolutions, the board shall prescribe the form of the bonds,
including, without limitation, registered bonds and coupon bonds, and
the form of any coupons to be attached thereto, the registration,
conversion, and exchange privileges, if any, pertaining thereto, and
fix the time when the whole or any part of the principal shall become
due and payable.
SEC. 88. Section 100404 of the Public Utilities Code is amended to
read:
100404. The bonds shall bear interest at a rate or rates not
exceeding 7 percent per annum, payable semiannually, except that the
first interest payable on the bonds or any series thereof may be for
any period not exceeding one year as determined by the board. In the
resolution or resolutions providing for the issuance of the bonds,
the board may also provide for call and redemption of the bonds prior
to maturity at times and prices and upon other terms as it may
specify, but no bond shall be subject to call or redemption prior to
maturity unless it contains a recital to that effect or unless a
statement to that effect is printed thereon. The denomination or
denominations of the bonds shall be stated in the resolution
providing for their issuance, but shall not be less than one thousand
dollars ($1,000). The principal of and interest on the bonds shall
be payable in lawful money of the United States at the office of the
treasurer of the VTA or at another other place or places as may be
designated, or at either place or places at the option of the holders
of the bonds. The bonds, or the series thereof, shall be dated and
numbered consecutively and shall be signed by the chairman of the
board and the treasurer, countersigned by the secretary and the
official seal of the VTA attached. The interest coupons of the bonds
shall be signed by the treasurer. All signatures, countersignatures,
and the seal may be printed, lithographed, or mechanically
reproduced, except that one of the signatures or countersignatures on
the bonds shall be manually affixed. If any officer whose signature
or countersignature appears on bonds or coupons ceases to be an
officer before the delivery of the bonds, his signature is as
effective as if he had remained in office.
SEC. 89. Section 100407 of the Public Utilities Code is amended to
read:
100407. All accrued interest and premiums received on the sale of
bonds shall be placed in the fund to be used for the payment of
principal of and interest on the bonds and the remainder of the
proceeds of the bonds shall be placed in the treasury to the credit
of the proper improvement fund and applied exclusively to the
purposes for which the debt was incurred, which purposes shall be in
conformity with an approved general transit plan or element thereof
then in effect. When those purposes have been accomplished any moneys
remaining in the improvement fund (a) shall be transferred to the
fund to be used for the payment of principal of and interest on the
bonds, or (b) shall be placed in a fund to be used for the purchase
of outstanding bonds of the VTA from time to time in the open market
at prices and in a manner, either at public or private sale or
otherwise, as the board may determine. Bonds so purchased shall be
canceled immediately.
SEC. 90. Section 100409 of the Public Utilities Code is amended to
read:
100409. Whenever the board deems that the expenditure of money
for the purposes for which the bonds were authorized by the voters is
impractical or unwise, it may, by ordinance adopted by a vote of
two-thirds of all members of the board, so declare and call an
election to be held within the boundaries of the VTA for the purpose
of submitting to the qualified voters thereof the proposition of
incurring indebtedness by the issuance of the bonds for some other
purposes or, in the case where bonds have been sold, the proposition
to use the proceeds for some other purposes. The procedure, so far as
applicable, shall be the same as when a bond proposition is
originally submitted.
SEC. 91. Section 100410 of the Public Utilities Code is amended to
read:
100410. The board may provide for the issuance, sale, or exchange
of refunding bonds to redeem or retire any bonds issued by the VTA
upon the terms, at the times, and in the manner which it determines.
Refunding bonds may be issued in a principal amount sufficient to pay
all or any part of the principal of outstanding bonds, the interest
thereon, and the premiums, if any, due upon call and redemption
thereof prior to maturity and all expenses of the refunding. The
provisions of this article for issuance and sale of bonds apply to
the issuance and sale of the refunding bonds, except that (a) no
election need be called or held for the purpose of authorizing the
issuance of refunding bonds, and (b) when refunding bonds are to be
exchanged for outstanding bonds, the method of exchange shall be as
determined by the board.
SEC. 92. Section 100411 of the Public Utilities Code is amended to
read:
100411. The provisions of Article 4 (commencing with Section
53500) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code are applicable to the VTA.
SEC. 93. Section 100450 of the Public Utilities Code is amended to
read:
100450. The VTA may issue bonds, payable from revenue of any
facility or enterprise to be acquired or constructed by the VTA, in
the manner provided by the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5 of
the Government Code), all of the provisions of which are applicable
to the VTA, except that these bonds may be paid, in whole or in part,
from revenues made available under Article 9 (commencing with
Section 100250) of Chapter 5 and, in that case, the bonds may be
issued without an election if the resolution authorizing the bonds
provides that the retail transactions and use tax shall continue to
be imposed under that Article 9 until the bonds are fully paid or
provision has been made for their payment in full.
SEC. 94. Section 100451 of the Public Utilities Code is amended to
read:
100451. The VTA is a local agency within the meaning of the
Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300)
of Part 1 of Division 2 of Title 5 of the Government Code). The term
"enterprise" as used in the Revenue Bond Law of 1941 shall, for all
purposes of this part, include the system or any or all transit
facilities and all additions, extensions, and improvements thereto
authorized to be acquired, constructed, or completed by the VTA. The
VTA 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 VTA or, in the alternative, may
issue revenue bonds under the Revenue Bond Law of 1941, for the
acquisition, construction, and completion of any one of those transit
facilities. Nothing in this article shall prevent the VTA from
availing itself of, or making use of, any procedure provided in this
part for the issuance of bonds of any type or character for any of
the transit facilities authorized hereunder, and all proceedings may
be carried on simultaneously or, in the alternative, as the board may
determine.
SEC. 95. Section 100460 of the Public Utilities Code is amended to
read:
100460. The VTA shall have power to purchase transit equipment
such as cars, trolley buses, and motor buses, 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 terms and conditions as the board may deem appropriate. Payment
for the equipment, or rentals therefor, may be made in installments,
and the deferred installments may be evidenced by equipment trust
certificates payable from any source or sources of funds specified in
certificates that are or will be legally available to the VTA. Title
to the equipment shall not rest in the VTA until the equipment trust
certificates are paid.
SEC. 96. Section 100461 of the Public Utilities Code is amended to
read:
100461. The agreement to purchase or lease may direct the vendor
or lessor to sell and assign or lease the rolling equipment to a bank
or trust company duly authorized to transact business in the State
of California as trustee, for the benefit and security of the
equipment trust certificates and may direct the trustee to deliver
the rolling equipment to one or more designated officers of the VTA
and may authorize the VTA to execute and deliver simultaneously
therewith an installment purchase agreement or a lease of the
equipment to the VTA.
SEC. 97. Section 100462 of the Public Utilities Code is amended to
read:
100462. 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. These
agreements, leases, and equipment trust certificates shall be
authorized by resolution of the VTA and shall contain covenants,
conditions, and provisions that may be deemed necessary or
appropriate to ensure the payment of the equipment trust certificates
from legally available sources of funds specified in the
certificates.
SEC. 98. Section 100463 of the Public Utilities Code is amended to
read:
100463. The covenants, conditions, and provisions of the
agreements, leases, and equipment trust certificates shall not
conflict with any of the provisions of any trust agreement securing
the payment of bonds, notes, or certificates of the VTA.
SEC. 99. Section 100470 of the Public Utilities Code is amended to
read:
100470. The Improvement Act of 1911, the Municipal Improvement
Act of 1913, and the Improvement Bond Act of 1915 are applicable to
the VTA.
SEC. 100. Section 100471 of the Public Utilities Code is amended
to read:
100471. The provisions of Chapter 1 (commencing with Section
99000) of Part 11 of Division 10 of the Public Utilities Code are
applicable to the VTA.
SEC. 101. Section 100482 of the Public Utilities Code is amended
to read:
100482. The VTA may borrow money in accordance with the
provisions of Article 7 (commencing with Section 53820), or of
Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the Government Code.
SEC. 102. Section 100483 of the Public Utilities Code is amended
to read:
100483. The VTA may borrow money in anticipation of the sale of
bonds that have been authorized to be issued, but have not been sold
and delivered, and may issue negotiable bond anticipation notes
therefor and may renew the same from time to time, but the maximum
maturity of those notes, including the renewals thereof, shall not
exceed five years from the date of delivery of the original notes.
The notes may be paid from any moneys of the VTA available therefor
and not otherwise pledged. If not previously otherwise paid, the
notes shall be paid from the proceeds of the next sale of the bonds
of the VTA in anticipation of which they were issued. The notes shall
not be issued in any amount in excess of the aggregate amount of
bonds that the VTA has been authorized to issue, less the amount of
any bonds of that authorized issue previously sold, and also less the
amount of other bond anticipation notes therefor issued and then
outstanding. The notes shall be issued and sold in the same manner as
the bonds. The notes and the resolution or resolutions authorizing
them may contain any provisions, conditions, or limitations that a
resolution of the VTA authorizing the issuance of bonds may contain.
SEC. 103. Section 100490 of the Public Utilities Code is amended
to read:
100490. The VTA 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.
SEC. 104. Section 100491 of the Public Utilities Code is amended
to read:
100491. All bonds and other evidences of indebtedness issued by
the VTA under the provisions of this part, and the interest thereon,
are free and exempt from all taxation within the State of California,
except for transfer, franchise, inheritance, and estate taxes.
SEC. 105. Section 100492 of the Public Utilities Code is amended
to read:
100492. Notwithstanding any other provisions of this part or any
other law, the provisions of all ordinances, resolutions, and other
proceedings in the issuance by the VTA of any bonds, bonds with a
pledge of revenues, bonds for improvement districts, revenue bonds,
equipment trust certificates, notes, or any and all evidences of
indebtedness or liability shall constitute a contract between the VTA
and the holders of the bonds, equipment trust certificates, notes,
or evidences of indebtedness or liability and the provisions thereof
shall be enforceable against the VTA, 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 contained in this part or in any other law
shall be held to relieve the VTA or the territory included within it
from any bonded or other debt or liability contracted by the VTA.
Upon dissolution of the VTA or upon withdrawal of territory
therefrom, the property formerly included within it 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 the same as if the VTA 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 VTA 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 the 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.
SEC. 106. Section 100500 of the Public Utilities Code is amended
to read:
100500. The VTA may be dissolved pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5 of the
Government Code).
SEC. 107. Section 100600 of the Public Utilities Code is amended
to read:
100600. The Legislature finds and declares that:
(a) It is necessary and in the best interest of the citizens of
the state to authorize the VTA to levy special benefit assessments
for needed public rail rapid transit facilities and services on the
property that benefits from those facilities and services.
(b) The rail rapid transit facilities and services provide special
benefits to parcels of land, and improvements thereon, in the
vicinity of rail rapid transit stations, and provide general benefits
to the community at large. The Board of Directors of the VTA shall
be the conclusive judge of the proportion of special and general
benefits produced by the facilities and of the distribution of the
special benefits among parcels of property within the benefit
assessment district.
SEC. 108. Section 100601 of the Public Utilities Code is amended
to read:
100601. (a) Whenever the board finds that property adjacent to,
or in the vicinity of, one or more rail transit stations, or proposed
rail transit stations, of the VTA receives or will receive special
benefit by reason of the location or operation of one or more of
those rail transit stations, the board may, by resolution adopted by
a two-thirds vote of its members, provide for notice and hearing on
its intention to establish one or more special benefit districts and
levy a special benefit assessment on real property therein for the
purpose of financing, in whole or in part, the acquisition,
construction, development, joint development, operation, maintenance,
or repair of one or more rail transit stations and rail transit
related facilities located within the benefit district.
(b) In connection with the levy of a special benefit assessment,
the board shall comply with the notice, protest, and hearing
procedures set forth in Section 53753 of the Government Code.
(c) The resolution may provide that the proposed benefit district
will contain separate zones, which may consist of either contiguous
or noncontiguous areas of land within the boundaries of the VTA. The
proposed benefit district and each proposed zone, if any, therein
shall be an area adjacent to, or in the vicinity of, one or more rail
transit stations or proposed rail transit stations. The boundaries
of the benefit district and of each zone, if any, therein shall be
drawn so as to reflect, as accurately as possible, the areas in which
special benefits are conferred by reason of the proximity and
operation of one or more rail transit stations.
(d) A notice stating the time and place of the hearing, and
setting forth the boundaries and purpose of the proposed benefit
district, shall be published prior to the time fixed for the hearing
pursuant to Section 6066 of the Government Code.
(e) For purposes of this chapter, "benefit district" means a
special benefit assessment district established pursuant to this
chapter, the area of which shall not lie more than one-half mile from
the center point of any rail transit station or proposed rail
transit station.
(f) For purposes of this chapter, "transit related facilities"
means land, buildings, and equipment, or any interest therein,
whether or not the operation thereof produces revenue, which has, as
its primary purpose, the operation of the rail transit system or the
providing of services to the passengers of the rail transit system,
but does not mean any land, buildings, or equipment, or interest
therein, which is used primarily for the production of revenue not
arising from the operation of the rail transit system.
SEC. 109. Section 100601.5 of the Public Utilities Code is amended
to read:
100601.5. (a) The resolution shall state, as appropriate, the
maximum and minimum rate of assessment, the amount of the special
benefit assessment and the purposes for which it is to be levied, the
estimated cost of accomplishing the purposes, and the dates or
approximate intervals at which the assessment shall be levied. The
resolution shall also state that the exterior boundaries of the
benefit district are set forth on a map on file with the secretary of
the VTA, which map shall govern for all purposes as to the extent of
the benefit district and zones, if any, therein and that the area
set forth on the map shall thereupon constitute and be known as
"Benefit District No. ____ of the Santa Clara Valley Transportation
Authority," or as "Benefit Zone ____ of the Benefit District No. ____
of the Santa Clara Valley Transportation Authority," as designated
by the board.
(b) A copy of the resolution shall be included with the notice
given pursuant to Section 53753 of the Government Code.
SEC. 110. Section 100602 of the Public Utilities Code is amended
to read:
100602. (a) In determining the amount of a special benefit
assessment, the board shall measure the benefit to real property in
the benefit district or zones therein according to the procedures and
approval process set forth in Section 4 of Article XIII D of the
California Constitution.
(b) The special benefit assessment constitutes a charge imposed on
particular real property for a VTA project of direct benefit to that
property, and does not constitute ad valorem taxes or any other form
of general tax levy applying a given rate to the assessed valuation
of all taxable property within the boundaries of the VTA.
(c) The VTA shall possess all powers necessary for, incidental to,
or convenient for, the collection, enforcement, administration, or
distribution of the special benefit assessment in accordance with
California law.
(d) The revenue from a special benefit assessment, which is
imposed pursuant to this chapter, or from bonds secured by the
special benefit assessment, for the purpose of financing a rail
transit station or rail transit related facility located within the
benefit district, shall be used only for financing of the facility
for which it was levied, and that revenue shall not be used for any
other purpose or the payment of any other expense of the VTA,
including, but not limited to, transit, transportation, or operating
expense.
SEC. 111. Section 100602.11 of the Public Utilities Code is
amended to read:
100602.11. At the time and place provided in the notice or at any
time and place to which the hearing is adjourned, the board or its
appointed hearing officer shall hear all of the following:
(a) The petition for exclusion or reduction.
(b) All evidence or proofs that may be introduced by or on behalf
of the petitioners.
(c) All objections to the petition that may be presented in
writing by any person, including the VTA.
(d) All evidence or proofs that may be introduced in support of
objections to the petition.
SEC. 112. Section 100602.14 of the Public Utilities Code is
amended to read:
100602.14. The board, after the hearing on an exclusion or
reduction petition, shall order one of the following by resolution:
(a) In the case of an exclusion petition, order the exclusion of
all or any part of the real property described in the petition upon
its finding that the property will not be benefited by the operations
of the VTA in the vicinity of the benefit district.
(b) In the case of a reduction petition, order a change in the
benefit assessment to all or any portion of the real property
described in the petition to provide that it not exceed the amount of
benefit derived by the operations of the VTA in the vicinity of the
benefit district.
(c) Confirm the assessment on the real property subject to the
petition as correctly reflecting the amount of benefit to the real
property.
SEC. 113. Section 100603 of the Public Utilities Code is amended
to read:
100603. (a) Following formation of the benefit district or
concurrently therewith, if the board deems it necessary to incur a
bonded indebtedness for the acquisition, construction, development,
joint development, completion, operation, maintenance, or repair of
one or more rail transit stations and related rail transit facilities
located within the benefit district, the board may provide, by
resolution, that the bonded indebtedness shall be payable from
special benefit assessments levied within the benefit district. The
resolution shall be adopted by a two-thirds vote of the members of
the board, and shall declare and state all of the following:
(1) That the board intends to incur an indebtedness, by the
issuance of bonds of the VTA, for the benefit district which the
board has formed, or intends to form, within a portion of the
boundaries of the VTA.
(2) The purposes for which the proposed debt is to be incurred,
which may include all costs and estimated costs necessary or
convenient for, incidental to, or connected with, the accomplishment
of the purposes, including, without limitation, engineering,
inspection, legal, fiscal agent, financial consultant, bond and other
reserve funds, working capital, bond interest estimated to accrue
during the construction period, if any, and for a period not
exceeding three years thereafter, and the expenses of all proceedings
for the authorization, issuance, and sale of the bonds.
(3) The estimated cost of accomplishing the purposes and the
amount of the principal of the indebtedness to be incurred.
(4) That a general description of the benefit district and of each
zone, if any, therein and maps showing the exterior boundaries
thereof are on file with the secretary of the VTA and available for
inspection by any interested person.
(5) That special benefit assessments for the payment of the bonds,
and the interest thereon, have been, or are proposed to be levied in
the benefit district or zones therein in accordance with the
procedures and approval process set forth in Section 4 of Article
XIII D of the California Constitution.
(6) The extent to which, if at all, all or a portion of the
revenues of the VTA are to be used to pay the principal of, interest
on, and sinking fund payments for, the bonds, including the
establishment and maintenance of any reserve fund therefor.
(7) The time and place set for hearing on the proposed issuance of
the bonds.
(8) That, prior to levying a special benefit assessment, the board
shall comply with the notice, protest, and hearing procedures set
forth in Section 53753 of the Government Code.
(9) The maximum term the proposed bonds shall run before maturity,
which shall not exceed 40 years from the date of the bonds or any
series thereof.
(10) The maximum rate or rates of interest to be paid, which shall
not exceed 12 percent per annum.
(11) That the pledge of special benefit assessment revenues to the
bonds authorized by this section has priority over the use of any of
those revenues for pay-as-you-go financing, except to the extent
that this priority is expressly restricted by any of the VTA's
agreements with bondholders.
(b) The notice stating the time and place of the hearing on the
proposed issuance of bonds shall be published prior to the time fixed
for the hearing pursuant to Section 6066 of the Government Code.
SEC. 114. Section 100605 of the Public Utilities Code is amended
to read:
100605. (a) Special benefit assessments for the payment of the
principal of, and interest on, bonds issued for a benefit district or
zone shall be levied in the benefit district or zone at rates that
are sufficient in the aggregate, together with revenues already
collected and available, to pay the principal of, and interest on,
all bonds the VTA issued for the benefit district or zone. Other
revenues of the VTA shall be used for the payment of the principal
of, and interest on, the bonds only to the extent set forth in any
agreement of the VTA for the benefit of bondholders.
(b) Special benefit assessments in the benefit district and zones,
if any, therein shall be calculated in accordance with the
requirements set forth in Section 4 of Article XIII D of the
California Constitution.
SEC. 115. Section 100606 of the Public Utilities Code is amended
to read:
100606. (a) The bonds issued pursuant to this chapter shall bear
interest at a rate or rates not exceeding 12 percent per annum,
payable semiannually, except that the first interest payable on the
bonds or any series thereof may be for any period not to exceed one
year as determined by the board.
(b) In the resolution or resolutions providing for the issuance of
bonds, the board may also provide for call and redemption of the
bonds prior to maturity at times and prices and upon any other terms
that it may specify. However, no bond is subject to call or
redemption prior to maturity unless the bond contains a recital to
that effect. The denomination or denominations of bonds shall be
stated in the resolution providing for their issuance, but shall not
be less than five thousand dollars ($5,000). The principal of, and
interest on, the bonds shall be payable in lawful money of the United
States at the office of the treasurer of the VTA or at any other
place or places that may be designated by the board, or at either
place or places at the option of the holders of the bonds. The bonds
shall be dated, numbered consecutively, signed by the board
chairperson and chief financial officer, and countersigned by the
secretary and shall have the official seal of the VTA attached. The
interest coupons of the bonds shall be signed by the chief financial
officer. The seal and all signatures and countersignatures may be
printed, lithographed, or mechanically reproduced, except that one
signature or countersignature shall be manually affixed.
(c) If an officer, whose signature or countersignature appears on
the bonds or coupons, leaves office for any reason prior to the
delivery of the bonds, the officer's signature is as effective as if
the officer had remained in office.
SEC. 116. Section 100609 of the Public Utilities Code is amended
to read:
100609. (a) All accrued interest and premiums received on the
sale of bonds issued by the VTA pursuant to this chapter shall be
placed in the fund to be used for the payment of principal of, and
interest on, those bonds. The remainder of the proceeds received on
the sale of the bonds shall be placed in the treasury to secure those
bonds or for the purposes for which the debt was incurred.
(b) When the purposes for which the debt was incurred have been
accomplished, any money remaining shall be either (a) transferred to
the fund to be used for the payment of principal of, and interest on,
the bonds or (b) placed in a fund to be used for the purchase of
those outstanding bonds of the VTA, from time to time, in the open
market at the prices and in the manner, either at public or private
sale or otherwise, that the board determines. Bonds so purchased
shall be canceled immediately.
SEC. 117. Section 100610 of the Public Utilities Code is amended
to read:
100610. (a) The board may provide for the issuance, sale, or
exchange of refunding bonds to redeem or retire any bonds issued by
the VTA under this chapter upon the terms, at the times, and in the
manner that it determines. Refunding bonds may be issued in a
principal amount sufficient to pay all, or any part, of the principal
of the outstanding bonds issued under this chapter, the interest
thereon, and the premiums, if any, due upon call and redemption
thereof prior to maturity and all expenses of the refunding.
(b) The provisions of this chapter, for the issuance and sale of
bonds apply to the issuance and sale of refunding bonds, except that,
when refunding bonds are to be exchanged for outstanding bonds, the
method of exchange shall be as determined by the board.
SEC. 118. Section 100612 of the Public Utilities Code is amended
to read:
100612. The board may change the purposes for which any proposed
debt is to be incurred, the estimated cost, the amount of bonded debt
to be incurred, or the boundaries of the benefit district or zones,
if any, therein or one or all of those matters, except that the board
shall not change the boundaries of the benefit district or zones to
include any territory which will not, in its judgment, be benefited
by the VTA action.
SEC. 119. Section 100613 of the Public Utilities Code is amended
to read:
100613. (a) The board shall not change the purposes, the
estimated cost, the boundaries of the benefit district or zones, if
any, therein, or the amount of bonded debt to be incurred until after
it gives notice of its intention to do so, stating each proposed
change in the purpose and stating, if applicable, that the exterior
boundaries of the benefit district or zones proposed to be changed
are set forth on a map on file with the secretary of the VTA. The
notice shall also specify the time and the place set for hearing.
(b) The notice shall be published prior to the time set for the
hearing pursuant to Section 6066 of the Government Code.
(c) The notice shall also be mailed at least 30 days prior to the
hearing to all owners of real property affected by the proposed
change whose names and addresses appear on the last equalized
assessment roll or are otherwise known to the board of supervisors of
the county in which the benefit district is located or to the VTA.
Any proposed increases to a special benefit assessment shall not be
made unless all notice, protest, and hearing procedures set forth in
Section 53753 of the Government Code have been followed.
SEC. 120. Section 100618 of the Public Utilities Code is amended
to read:
100618. In the event of conflict with any other law, the
provisions of this chapter shall prevail with respect to benefit
districts within the boundaries of the VTA.
SEC. 121. Section 100619 of the Public Utilities Code is amended
to read:
100619. Notwithstanding any other provision of this chapter, the
VTA shall not pledge any portion of its general fund revenues to pay
any part of any bonded indebtedness incurred under this chapter
unless required by provisions of the California Constitution.
